Sumathi I v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021 THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P(MD)No.17948 of 2021 I.Sumathi

...Petitioner

Vs.

1.The District Collector Office of the District Collector, Trichy District.

2.The Revenue Divisional Officer, Srirangam Revenue Sub-Division Srirangam, Trichy District.

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

4.The Revenue Inspector Somarasanpettai Revenue Firka, Srirangam Taluk Office, Trichy District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents herein from in any way dispossessing the petitioner from his property comprised in Survey No.19/1 of an extent of 0.50.0 hectares situated at Navaloorkuttapatti Village, Srirangam Taluk, Trichy District by considering the petitioner's representation, dated 24.11.2021.

For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.B.Saravanan Additional Government Pleader 1/3

O R D E R

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) This Writ Petition is filed seeking issuance of a Writ of Mandamus forbearing the respondents herein from in any way dispossessing the petitioner from his property comprised in Survey No.19/1 of an extent of 0.50.0 hectares situated at Navaloorkuttapatti Village, Srirangam Taluk, Trichy District by considering the petitioner's representation, dated 24.11.2021. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The Writ Petitioner states that he had preferred an appeal before the District Collector, Trichy District, who is the first respondent in the writ Petition, against the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. 4.The said appeal was preferred on 24.11.

2021 and he has preferred the present Writ Petition on 29.11.2021.The prayer in the Writ Petition is to forbear the respondents from in any way dispossessing the petitioner from his property comprised in Survey No.19/1, measuring an extent of 0.50.0 hectares situated at Navaloorkuttapatti Village, Srirangam Taluk, Trichy District.The appeal is preferred under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. Within three days from the date of filing the appeal, the Petitioner has preferred the present Writ Petition. 5.Section 10-B of the Tamil Nadu Land Encroachment Act,1905 provides for an order of stay, pending the appeal.Hence, it is open to the Petitioner to move an application for stay in the appeal itself, in which, the decision or order is appealed against or sought to be revised.

Without resorting to the provision of the statute, the Petitioner has approached this Court invoking Article 226 of the Constitution of India, which is not maintainable. It is open to the petitioner to file a stay petition under Section 10-B of the Tamil Nadu Land Encroachment Act,1905, before the District Collector, Trichy District, if so advised.

6.With the above observation, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 2/3

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 the District Collector, Trichy District.

2.The Revenue Divisional Officer, Srirangam Revenue Sub Division Srirangam, Trichy District.

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

4.The Revenue Inspector Somaraanpettai Revenue Firka, Srirangam Taluk Office, Trichy District +1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-37192[F] dated 03/12/2021 ) +1 CC to M/s.SPL GP ( SR-37200[F] dated 03/12/2021 ) and W.M.P(MD)No.17948 of 2021 02.12.2021 MGJ(14.12.2021) 3P 7C 3/3