A.Paun Roja, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.7456 of 2018 and W.M.P(MD)No.7118 of 2018 A.Paun Roja ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Melur Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of impugned notice, dated 20.03.2018 issued under Section 6 of The Tamil Nadu Land Encroachment Act, 1905 by respondent No.2 and quash the same as illegal and to direct the respondents not to demolish the petitioner bathroom, toilet and water sump annexed to the house bearing Door No.3/275, South Street, Kallampatti Post, Melur Taluk, Madurai, till the final disposal of the appeal, dated 19.03.2018 under Section 10 of the Land Encroachment Act. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.M.Jeyakumar, Additional Government Pleader.

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned notice, dated 20.03.2018 issued under Section 6 of The Tamil Nadu Land Encroachment Act, 1905, passed by the second respondent and to quash the same and to direct the respondents not to demolish the petitioner's bathroom, toilet and water sump annexed to the house bearing Door No.3/275, South Street, Kallampatti Post, Melur Taluk, Madurai, till the final disposal of the appeal, dated 19.03.2018 under Section 10 of the Land Encroachment Act. https://hcservices.ecourts.gov.in/hcservices/

2.It is brought to the notice of this Court that the petitioner has challenged the order passed by the second respondent by way of an appeal under Section 10 of the Land Encroachment Act on 19.03.2018 before the first respondent. Further, the learned counsel appearing for the petitioner submitted that the first respondent has not passed any order in the appeal so far. That apart, the learned counsel also submitted that even during the pendency of the appeal, the second respondent is proceeding to evict the petitioner from the property mentioned above.

3.Mr.M.Jeyakumar, learned Additional Government Pleader, taking notice for the respondents, submitted that the first respondent may be directed to dispose of the appeal within a time frame. 4.In view of the submissions made by the learned counsel appearing on either side, without expressing any opinion with regard to the merits of the case, we direct the first respondent to dispose of the appeal filed by the petitioner on 19.03.2018 under Section 10 of the Land Encroachment Act, on merits and in accordance with law, after giving due opportunity of personal hearing to the interested parties within a period of four weeks from the date of receipt of a copy of this order. Till the disposal of the appeal, the respondents are directed to maintain status quo.

5.With these observations, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Melur Taluk, Madurai District.

+1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.60160 +1CC TO M/S.A.HAJAMOHIDEEN, ADVOCATE, SR NO.60217 W.P(MD)No.7456 of 2018 06.04.2018 ps MS/KK/SAR-1/25.04.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/