Madras High CourtWP(MD)/17934/2023disposed of

Reeta.R v. The Additional Secretary To Government

2023-07-25Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.17934 OF 2023 R.Reeta :Petitioner .vs.

1.The Additional Secretary to Government, Revenue and Disaster Management, Land Settlement Wing(L.S(6)-2 Section, Secretariat, Fort St.George, Chennai.

2.The District Collector, Kanyakumari District, at Nagercoil.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to dispose the Revision pending on his file in 44914/LD6(2)/2018-2, dated 21.12.2020 (preferred by S.Jaganathan and 7 others) under Section 10-A(3) of Tamil Nadu Land Encroachment Act, 1905 within the time stipulated by this Court.

For Petitioner :Mr.M.R.Sreenivasan For Respondents :Mr.M.Lingadurai 1 and 2 Special Govt.Pleader 1/4

O R D E R

********* (Order of the Court was made by S.S.SUNDAR,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the first respondent to dispose of the Revision pending on his file in 44914/LD6(2)/2018-2, dated 21.12.2020 (preferred by S.Jaganathan and 7 others) under Section 10-A(3) of Tamil Nadu Land Encroachment Act, 1905.

2.Mr.M.Lingadurai, learned Special Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.Having regard to the limited prayer sought for in the Writ Petition and the fact that revision petition is pending before the first respondent is not disputed, this Court, without expressing any opinion on the merits of the Petitioner's revision, directs the first respondent to dispose of the revision petition pending on his file under Section 10-A(3) of Tamil Nadu Land Encroachment Act, 1905, on merits and in accordance with law, after giving an opportunity of being heard to the Petitioner, within a period of 12 2/4

weeks from the date of receipt of a copy of this order. 4.With the above direction, the Writ Petition stands disposed of. No costs.

[S.S.S.R.,J.] [D.B.C,J.] 25.07.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Additional Secretary to Government, Revenue and Disaster Management, Land Settlement Wing(L.S(6)-2 Section, Secretariat, Fort St.George, Chennai.

2.The District Collector, Kanyakumari District, at Nagercoil.

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S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN W.P(MD)NO.17934 OF 2023 25.07.2023 4/4