Rasu, v. The Commissioner Of Land
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.15937 of 2018 and W.M.P(MD)No.14236 of 2018 Rasu ... Petitioner Vs.
1. The Commissioner of Land Administration, Ezlilagam, Chepauk, Chennai - 5.
2. The District Collector, Madurai District, Madurai.
3. The Tahsildar, Melur Taluk, Melur, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from evicting the property from his peaceful possession and enjoyment of the property in Natham S.F.No.124/3 of S.Malampatty, Ayyapatty Village, Melur Taluk, Madurai District, pending disposal of revision petition before the first respondent. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.R.Murugan, Additional Government Pleader.
ORDER
(Order of the Court was made by DR.ANITA SUMANTH,J.) By consent, the Writ Petition is taken up for final disposal. 2.The prayer in the Writ Petition is for a Mandamus
forbearing the respondents from evicting the petitioner from peaceful possession and enjoyment of the property in Natham S.F.No.124/3 of S.Malampatty, Ayyapatty Village, Melur Taluk, Madurai District, pending disposal of his revision petition before the first respondent.
3.Heard Mr.T.Vadivelan, learned counsel for the petitioner and Mr.R.Murugan, learned Additional Government Pleader for the respondents.
4.The learned counsel for the petitioner submits that the petitioner is the owner of the property in natham s.f.no.124/3 admeasuring 50 cents at S.Malampatty, Ayyappatty Village, Melur Taluk, Madurai District and has been in occupation of the same, since 1970.
5.The petitioner has suffered an order passed by the second respondent dated 27.04.2018, which is presently pending in revision before the Commissioner of Land Administration. The petition for revision has been filed on 04.07.2018. 6.The petitioner has also, inter alia, prayed for an interim stay of proceedings initiated by the respondents, pending disposal of the Revision Petition.
7.In view of the above, the first respondent is directed to, after affording due opportunity to all parties, dispose of the stay petition within a period of two weeks from the date of receipt of this order. Till such time, the authorities are directed to maintain status quo.
8.The Writ Petition is disposed of in the aforesaid terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-) To
1. The Commissioner of Land Administration, Ezlilagam, Chepauk, Chennai - 5.
2. The District Collector, Madurai District, Madurai.
3. The Tahsildar, Melur Taluk, Melur, Madurai District.
+ 1 CC TO Mr.T.VADIVELAN, ADVOCATE IN SR No. 74428 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 74564 PS TE/RP/SAR-1 : 06/08/2018 : 3P/6C W.P(MD)No.15937 of 2018 20.07.2018