Madras High CourtWP(MD)/13054/2023disposed of

Rasu v. The District Collector

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.11049 of 2023 Rasu ... Petitioner -vs1. The District Collector, Ramanathapuram.

2. The Thasildar, Thiruvadanai, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to number and dispose of the petitioners appeal dated 06.03.2023.

For Petitioner :

Mr.J.Madhu For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. Prayer in this writ petition reads as follows:- "For the reasons stated in the accompanying affidavit it is therefore prayed that this Hon'ble Court may be pleased to issue a WRIT OF MANDAMUS directing the 1st respondent to number and dispose of the petitioners appeal dated 06.03.2023."

4. Considering the fact that the petitioner is facing threat of eviction and the appeal would become infructuous if the eviction orders are carried out

pending appeal there will be a direction to the first respondent to dispose of the appeal filed by the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, within a period of four months from the date of receipt of a copy of this order. In the interregnum, the possession of the petitioner shall not be disturbed.

5. The writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 06.06.2023 NCC : No Index : No Internet : Yes PKN To

1. The District Collector, Ramanathapuram.

2. The Thasildar, Thiruvadanai, Ramanathapuram District.

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 06.06.2023