Sangapillai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P(MD) No.17064 of 2022 Sangapillai ... Petitioner vs.

1.The District Collector, Collectorate, Trichy District.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Taluk Office, Mannachanallur Taluk, Trichy District.

4.The Block Development Officer, O/o.Mannachanallur Block, Mannachanallur Taluk, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, forbearing the respondents 1/4

from taking steps under the Tamil Nadu Land Encroachment Act 1905 till the disposal of the appeal filed by the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act 1905 as per the position of law established by the Supreme Court of India.

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.N.GA.Nataraj Government Advocate for R1 to R3 Mr.S.P.Maharajan Special Government Pleader for R4

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition is filed for a Writ of Mandamus, forbearing the respondents from taking steps under the Tamil Nadu Land Encroachment Act 1905, till the disposal of the appeal filed by the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act 1905, as per the position of law established by the Supreme Court of India.

2. Today, when the writ petition was taken up for hearing, the learned counsel for the petitioner submitted that instead of filing appeal before the the first respondent - the District Collector, inadvertently, the petitioner filed appeal before the fourth respondent - Block Development 2/4

Officer and therefore, he seeks liberty to workout his remedy before the appropriate appellate authority.

3. Granting such liberty, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D.,J.] & [J.S.N.P.,J.] 30.09.2022 Index : Yes / No Internet : Yes pkn To 1.The District Collector, Collectorate, Trichy District.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Taluk Office, Mannachanallur Taluk, Trichy District.

4.The Block Development Officer, O/o.Mannachanallur Block, Mannachanallur Taluk, Trichy District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

pkn ORDER MADE IN 30.09.2022 4/4