Madras High CourtWP(MD)/12788/2023disposed of

Shankar v. The District Collector

2023-06-02Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.10798 of 2023 Shankar ... Petitioner -vs1. The District Collector, Collector Office, Thanjavur.

2. The Tasildar Thanjavur, Thanjavur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to dispose of the statutory appeal dated 18.04.2023 preferred by the petitioner under Section 10 of the Tamil Nadu Land Encroachments Act, 1905 within the time that may be stipulated by this Honble Court and consequently forbear the 2nd respondent from taking any coercive action qua the land in Ward No. 7, Block No. 9, Town Survey No. 73 in

Bala Nagar, Thanjavur District till such time. For Petitioner :

Mr.B.Gowtham Arun For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

2. The petitioner seeks a writ of mandamus directing the District Collector, Thanjavur, to dispose of his appeal filed under Section 10 of the Tamil Nadu Land Encroachments Act, 1905. The petitioner would also claim that he is in possession of the property for more than 60 years by constructing a house. Considering the grievance of the petitioner, there will be a direction to the District Collector, Thanjavur, to dispose of the appeal filed by the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. Till such time, the possession of the petitioner shall not be disturbed.

3. The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 02.06.2023 NCC : No Index : No Internet : Yes PKN To

1. The District Collector, Collector Office, Thanjavur.

2. The Tasildar Thanjavur, Thanjavur District.

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 02.06.2023