Muthurakku v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22/05/2024
CORAM
THE HON'BLE Ms.JUSTICE R.N.MANJULA and THE HON'BLE MR.JUSTICE C.KUMARAPPAN and WMP(MD). No.10088 of 2024 Muthurakku ... Petitioner Vs
1. The District Collector, Madurai District, Madurai.
2.The Tahsildar, Thirupparankundram Taluk, Thirupparankundram, Madurai District.
3.The President, Nilaiyur Bit-I Village, O/o.The Koothiyarkundu, Thirupparankundram Taluk, Madurai District.
... Respondents 1/8
PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to pass orders on the petitioner's appeal petition dated 11.05.2024 submitted to him to cancel the Eviction Notice issued by the second respondent vide his proceedings in Na.Ka.No.4604/2023/C dated 09.03.2024 and issue patta in the petitioner's favour for her house with a petty shop situated to an extent of 0.00.60 sq. mt., in S.F.No.301 of Nilaiyur Bit-I Village, Thirupparankundram Taluk, Madurai District within the time limited that may be stipulated by this Court. For Petitioner : Mr.T.Palanisamy For Respondents : Mr.D.Gandhiraj, Special Government Pleader
ORDER
(Order of the Court was made by R.N.MANJULA, J) Heard Mr.T.Palanisamy, learned counsel for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader for the respondents.
2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/8
3.This writ petition has been filed for a direction to the first respondent to pass orders on the petitioner's appeal petition dated 11.05.2024 seeking to cancel the Eviction Notice issued by the second respondent vide his proceedings in Na.Ka.No.4604/2023/C dated 09.03.2024 and issue patta in the petitioner's favour for her house with a petty shop situated to an extent of 0.00.60 sq. mt., in S.F.No.301 of Nilaiyur Bit-I Village, Thirupparankundram Taluk, Madurai District within a stipulated period.
4. The learned counsel for the petitioner submitted that earlier, the petitioner has filed a writ petition in W.P(MD)No.6923 of 2024 challenging the eviction notice issued by the second respondent and to direct the respondents not to disturb the petitioner's possession in respect of a petty shop situated in Survey No.301 at Nilayur Bit-I Village, Thiruparangundram, Madurai District. In the said writ petition, on 20.03.2024, the following order has been passed: "The order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is under challenge in the 3/8
present Writ Petition.
2.Section 6 order under the Act is appealable under Section 10 of the Act. Without exhausting the appeal remedy, the petitioner has filed this Writ Petition. Therefore, the petitioner is directed to prefer an appeal before the competent authority within a period of two weeks from the date of receipt of a copy of this order."
5. The learned counsel for the petitioner submitted that now, the petitioner has filed an appeal petition before the first respondent. Since no order has been passed in the appeal petition, the petitioner has filed this writ petition with the aforesaid prayer.
6. The learned Special Government Pleader submitted that the petitioner is in the habit of filing writ petition whenever action has been taken for removal of encroachment. He further submitted that a direction may be issued to dispose of the appeal petition filed by the petitioner within a stipulated period.
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7. It is needless to point out that whenever an appeal petition is filed before a Statutory Authority, there is a duty cast upon the authorities to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the appeal by the Statutory Authority would amount to dereliction of duty. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the first respondent is required to be given with a direction to consider the appeal of the petitioner within a specified time frame.
8. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's appeal dated 11.05.2024, on its own merits and pass appropriate orders in accordance with law, after making due enquiry, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the case or the claim of the petitioner and 5/8
it is open to the first respondent to consider the appeal on its own merits.
9. With the above direction, this writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. (R.N.M, J.) (C.K.,J.) 22.05.2024 NCC :
Yes/No Index :
Yes/No PM 6/8
To
1. The District Collector, Madurai District, Madurai.
2.The Tahsildar, Thirupparankundram Taluk, Thirupparankundram, Madurai District.
3.The President, Nilaiyur Bit-I Village, O/o.The Koothiyarkundu, Thirupparankundram Taluk, Madurai District.
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R.N.MANJULA, J.
AND C.KUMARAPPAN, J.
PM W.P.(MD)No.11346 of 2024 22.05.2024 8/8