Karuppaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024

CORAM:

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD) No.11624 of 2024 Karuppaiah ... Petitioner -vs1.The District Collector Office of the District Collector Virudhunagar District 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Sivakasi, Virudhunagar District 3.The Tahsildar / Monitoring Committee Rajapalayam Taluk Virudhunagar District 4.The Block Development Officer Rajapalaylam Taluk Virudhunagar District

5.The Village Administrative Officer Sundarajapuram Village Panchayat Rajapalayam Taluk Virudhunagar District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, forbearing the third respondent from evicting the petitioner from the property situated at Natham Survey No.429/38, Sundarajapuram Village, Rajapalayam Taluk, Virudhunagar District till the disposal of appeal filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 in E/2091371 pending before the first respondent in accordance with law within the time stipulated by this Court. For Petitioner :

Mr.R.Alagumani For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

R.MAHADEVAN , A.C.J.

And G.R.SWAMINATHAN, J.

Heard the learned counsel for the petitioner and learned Additional Government Pleader for the respondents.

2. The petitioner herein had suffered an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. In fact, the petitioner had earlier filed a writ petition before this Court. The matter went right upto the Honourable Supreme Court. The petitioner has also filed a civil suit. Be that as it may, the fact remains that the petitioner had already filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before the first respondent. The appeal is a continuation of the original proceedings. If the order appealed against the petitioner is implemented even before the appeal is disposed of, nothing will remain in the appeal. This writ petition is disposed of in the following terms:

(a) The first respondent will dispose of the petitioner's 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.

(b) The petitioner will be heard before passing final order.

(c) Till the Appellate Authority disposes of the petitioner's appeal, the eviction order will not be implemented.

(d) We make it clear that we have not gone into the merits of the matter.

(e) No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., A.C.J.] [G.R.S., J.] 19.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk / ias To:

1.The District Collector, Office of the District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Tahsildar / Monitoring Committee, Rajapalayam Taluk, Virudhunagar District.

4.The Block Development Officer, Rajapalaylam Taluk, Virudhunagar District.

5.The Village Administrative Officer, Sundarajapuram Village Panchayat, Rajapalayam Taluk, Virudhunagar District.

R.MAHADEVAN , A.C.J.

and G.R.SWAMINATHAN, J.

krk / ias and W.M.P.(MD) No.11624 of 2024 19.06.2024