Madras High CourtWP(MD)/11436/2023disposed of

Subramanian. S v. The District Collector

2023-05-10Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.9904 of 2023 S.Subramanian ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

4.The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

5.The Block Development Officer, R.S.Mangalam Taluk, Ramanathapuram District.

6.K.Velu ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the fourth respondent i.e.,the Tahsildar, R.S.Mangalam in his Memo No.A3/179/2018 dated 25.04.2023 and quash the same and consequently direct the fourth respondent i.e.,the Tahsildar, R.S.Mangalam to await the result of the civil suit in O.S.No.92 of 2022 on the file of the District Munsif Court, Thiruvadanai filed by the petitioner for taking further action.

For Petitioner :Mr.S.Visvalingam For R1 to R5 :Mr.S.Shanmugavel Additional Government Pleader

O R D E R

********** Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 5.

2. What is under challenge is an order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. This is an appealable order. The petitioner is given two weeks time from today to file an appeal before the appellate authority. The petitioner can also seek interim relief 2/5

before the appellate authority. The fourth respondent is directed to keep the impugned order on hold for a period of four weeks.

3. The writ petition is disposed of accordingly. We have not gone into the merits of the matter. All the defences and contentions of the petitioner are left open. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S.,J.] [S.S.Y.,J.] 10.05.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No SJ/SN To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

3/5

4.The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

5.The Block Development Officer, R.S.Mangalam Taluk, Ramanathapuram District.

4/5

G.R.SWAMINATHAN, J.

AND S.SRIMATHY, J.

SJ/SN 0RDER MADE IN 10.05.2023 5/5