Meena R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU and WMP(MD)No.12796 of 2021 R.Meena ... Petitioner Vs.

1.The District Collector, Office of District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thirupathur Tahsildar Office, 3.The Deputy Tahsildar, 4.M.Veeraiya ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent's impugned order in Na.Ka.A6/1419/2021, dated 14.08.2021 and quash the same as devoid of merits and consequently directing the respondent Nos.1 to 3 not to disturb the petitioner's possession and enjoyment in Survey No.17/1 an extent of 0.53.00 Hectares in Karenthelpatti Village, Thirukalapatti Panchayat, Mathavarayanpatti Group, Thirupathur Talulk, Sivagangai District, till the disposal of the petitioner's appeal dated 25.08.2021 made under Section 10 of the Tamilnadu Land Encroachment Act, 1905, on the file of the 1st respondent, within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.B.Saravanan, (R1 to R3) Standing Counsel for State For R4 Mr.H.Veleva Dhas 1/3

O R D E R

Challenging the impugned order of eviction issued under Section 6 of the Land Encroachment Act, the petitioner has filed the present Writ Petition.

2. Admittedly, as against the order of eviction, appeal remedy is available to the District Collector. Without availing the appeal remedy, the petitioner filed this writ petition, which is not maintainable. Hence, the Writ Petition is dismissed.

3. Now it is stated by Mr.Hajamohideen, the learned counsel appearing for the petitioner that already the petitioner approached the District Collector and filed the appeal and the same is pending and the District Collector may be directed to dispose the appeal.

4. Considering the above submissions, the District Collector is directed to consider the petitioner's appeal and pass suitable orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after hearing the petitioner. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (As) // True Copy // / /2021 Sub Assistant Registrar(CS) MPK NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Office of District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thirupathur Tahsildar Office, 2/3

3.The Deputy Tahsildar, +1 CC to M/s.GP ( SR-28516[F] dated 08/09/2021 ) 06.09.2021 RD(22.09.2021) 3P 5C 3/3