Arulnesan.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD A.Arulnesan ... Petitioner -vs1.The District Collector Ramanathapuram District Ramanathapuram 2.The Revenue Divisional Officer O/o.The Revenue Divisional Office Paramakudi Taluk Ramanathapuram District Ramanathapuram 3.The Tahsildar O/o.The Tahsildar Paramakudi Ramanathapuram District 4.The Block Development Officer (Panchayat Union) Paramakudi Ramanathapuram District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to dispose the petitioner's appeal dated 12.08.2022 filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and consequently restrain the respondents from evicting the petitioner from his dwelling house in Survey No.119/2C by alleging that the said survey number reclassified as pathway and renumbered as 119/25 and passes through his patta land situated at S.Kavanoor Village, Paramakudi Taluk, Ramanathapuram District, within a time frame. For Petitioner :

Mr.T.Thirumurugan For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R3 Mr.V.Nirmal Kumar Government Advocate for R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents 1 to 3 and Mr.V.Nirmal Kumar, learned Government Advocate, takes notice for the fourth respondent.

2. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The prayer in the writ petition is for issuance of a writ of mandamus directing the first respondent to dispose of the petitioner's appeal dated 12.08.2022, filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, within a time frame and consequently, to restrain the respondents from evicting him from his dwelling house situated in Survey No.119/2C of S.Kavanoor Village, Paramakudi Taluk, Ramanathapuram District, on the ground of reclassification of the house site as "pathway" and renumbering it as Survey No.119/25, which is alleged to be passing through his patta land.

4. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is given to the first respondent to dispose of the petitioner's appeal dated 12.08.2022, within a stipulated time.

5. In view of the limited relief sought for, without expressing any opinion on the merits of the case, the first respondent is directed to dispose of

the appeal dated 12.08.2022 preferred by the petitioner against the eviction notice issued by the fourth respondent, dated 03.08.2022, on merits and in accordance with law, if not already disposed of, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order, if not already disposed of. Till the disposal of the appeal, no coercive steps shall be taken by the respondents.

6. With the above direction, the writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 02.11.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Paramakudi Taluk, Ramanathapuram District, Ramanathapuram.

3.The Tahsildar, O/o.The Tahsildar, Paramakudi, Ramanathapuram District.

4.The Block Development Officer, (Panchayat Union), Paramakudi, Ramanathapuram District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 02.11.2022