Krishnaveni v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2024
CORAM:
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.12902 of 2024 Krishnaveni .. Petitioner Vs 1.The District Collector, Collectorate, Virudhunagar.
2.The Revenue Divisional Officer, Sattur, Virudhunagar District.
3.The Tahsildar, Sattur Taluk, Virudhunagar District.
4.The President, Chinnakamampatti Village Panchayat, Sattur Taluk, Virudhunagar District. .. Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the relevant records pertaining to the third respondent eviction notice, dated 14.05.2024 and quash it as illegal and subsequently direct not to vacate legal
heirs of Sankaravel from the land of Boomidhan Board availale in Survey No.403 of Chinnakamampatti Revenue Village, Sattur Taluk, Virudhunagar District and subsequently mutate the patta in the name of legal heirs of Sankaravel.
For Petitioner :
Mr.K.K.Samy For R-1 to R-3 :
Mr.N.Satheesh Kumar, Additional Government Pleader For R-4 :
Mr.A.Kannan
ORDER
THE HON'BLE ACTING CHIEF JUSTICE.
and G.R.SWAMINATHAN, J.
Heard the learned counsel on either side.
2. The petitioner challenges the impugned order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905(in short 'the Act').
3. It is seen that the petitioner has already filed an appeal under Section 10 of the Act.
4. We direct the appellate authority/the first respondent to dispose of the appeal on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is at liberty to raise not only all the grounds now raised but also additional grounds. The petitioner will be heard in person before passing final order. Since the right of appeal statutorily available has been invoked by the petitioner and since we have directed the appellate authority to give a time bound disposal, no coercive action will be taken in the meanwhile.
5. With the above directions, this writ petition is disposed of. No Costs. (R.M.D., ACJ.) (G.R.S., J.) 18.06.2024 NCC: :Yes/No Index :Yes/No PM
To 1.The District Collector, Collectorate, Virudhunagar.
2.The Revenue Divisional Officer, Sattur, Virudhunagar District.
3.The Tahsildar, Sattur Taluk, Virudhunagar District.
THE HON'BLE ACTING CHIEF JUSTICE.
and G.R.SWAMINATHAN, J.
PM 18.06.2024