R.Senthilkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY R.Senthilkumar

...Petitioner

-Vs1.The District Collector, O/o.The District Collector, Ramanathapuram District.

2.The Sub Collector, O/o.The Sub Collector, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

4.The Zonal Deputy Tahsildar-II, Paramakudi, Ramanathapuram District.

5.Mukkulathor Nalasangam, Kamuthakudi, Regn. No.79/2020, No.1/402, Kamuthakudi Village, Parakamudi Taluk, Ramanathapuram District.

...Respondents

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent to dispose the appeal filed by the fifth respondent within the time stipulated by this Court.

For Petitioner : Mr.P.R.Prithiviraj For R1 to R4 : Mr.P.Thilak Kumar Government Pleader For R5 : Mr.M.S.Jeyakarthick

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 1 to 4 and Mr.M.S.Jeyakarthick, learned counsel, takes notice for the fifth respondent.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3.The grievance of the petitioner is that the fifth respondent has encroached the Government property and constructed a marriage hall. The third respondent also issued order under Section 6 of the Tamil Nadu Land Encroachment Act. Challenging the same, the fifth respondent filed an appeal 2/5

and the same is still pending. Since the appeal is pending, the authorities concerned are not taking any steps to remove the encroachment made by the fifth respondent in the subject property. Hence, the petitioner seeks to dispose of the appeal.

4.The learned Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that in the appeal proceedings, enquiry has been conducted and orders have been reserved.

5.In view of the above, we direct the first respondent to pass orders on the appeal filed by the fifth respondent within a period of four [4] weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs. (J.N.B.,J.) (S.S.Y.,J.) 19.02.2025 Index : Yes/No Internet : Yes/No ta 3/5

To 1.The District Collector, O/o.The District Collector, Ramanathapuram District.

2.The Sub Collector, O/o.The Sub Collector, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

4.The Zonal Deputy Tahsildar-II, Paramakudi, Ramanathapuram District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 19.02.2025 5/5