R. Seetha Lakshmi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2017

CORAM

THE HON'BLE MR.JUSTICE A.SELVAM and THE HON'BLE MR.JUSTICE N.AUTHINATHAN W.P(MD) No.5503 of 2017 R.Seetha Lakshmi ... Petitioner -vs1.The District Collector, Pudukottai District, Pudukottai.

2.The Tahsildar, O/o.the Tahsildar, Aavudaiyarkovil, Pudukottai.

3.The Commissioner, Panchayat Union, Arimalam, Pudukottai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to forbear the 2nd respondent from demolishing the petitioner's house by implementing the order of the 2nd respondent in his proceedings in Na.Ka.1071/2017/A1 dated 24.03.2017 pending hearing of the appeal filed before the 1st respondent.

For Petitioner : Mr.M.Ajmalkhan Senior Counsel for M/s.Ajmal Associates For RR - 1 & 2 : Mr.M.Govindan Special Government Pleader For R - 3 : Mr.Aayiram K.Selvakumar Government Advocate

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to forbear the second respondent from demolishing the house of the petitioner till the disposal of appeal pending on the file of the first respondent by way of issuing a Writ of Mandamus.

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 & 2. Mr.Aayiram K.Selvakumar, learned Government Advocate has taken notice for the third respondent.

3.The learned Senior Counsel appearing for the petitioner has contended that the petitioner has not encroached any portion of Government land. The petitioner has put up a dwelling house in her patta land. But the second respondent has erroneously issued the proceeding dated 24.03.2017 and by way of challenging the same, an appeal has been preferred before the first respondent viz., District Collector, Pudukottai. Under the said circumstances, the present Writ Petition has been filed for getting the relief sought therein.

4.The learned Special Government Pleader appearing for the respondents 1 and 2 has ascertained the fact that the petitioner has filed an appeal as well as stay petition before the first respondent and the same are pending.

5.Considering the fact that an appeal as well as stay petition are pending on the file of the first respondent and also considering that the present Writ Petition has been filed to deter the second respondent from proceeding on the basis of the order dated 24.03.2017 till the disposal of the appeal as well as stay petition pending on the file of the first respondent, this Court is inclined to pass the following order.

"The first respondent is directed to dispose of both the appeal as well as stay petition filed by the petitioner on or before 12.04.2017. Till then, status quo to be maintained."

6.With the above observation, this Writ Petition is disposed of. No costs. Consequently, WMP(MD)No.4403 of 2017 is closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar

To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Tahsildar, O/o.the Tahsildar, Aavudaiyarkovil, Pudukottai.

3.The Commissioner, Panchayat Union, Arimalam, Pudukottai District.

+One cc to M/s.Ajmal Associates, Advocate, SR.No.18713 +One cc to The Special Government Pleader, SR.No.19365 mj RL/6C/3P/SKN/RSK/10.4.2017 W.P(MD) No.5503 of 2017 28.03.2017