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Madras High CourtWP(MD)/24278/2025dismissed

Pandi v. The District Collector/ The Monitoring Committee

2025-09-16Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.(MD)No.24278 of 2025 & W.M.P.(MD)No.19046 of 2025 Pandi ... Petitioner /Vs./ 1.The District Collector / the Monitoring Commitee, Virudhunagar District.

2.The Revenue Divisional Officer, Sattur, Virudhunagar District.

3.The Tahsildar, Vembakottai Taluk, Virudhunagar District.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from taking any coercive steps in the nature of proceedings against the petitioner and his property comprised in Grama Natham Survey No. 1567/8 measuring to an extent of 41.40 square meter situated at Keelan 1/5

Marai Nadu village, Vembakottai Taluk, Virudhunagar District under the guise of removal of encroachment pending disposal of the Statutory Appeal preferred by the petitioner dated 21.07.2025 pending before the 1st respondent.

For Petitioner : Mr.R.Rajamohan For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Read this order in continuation and in conjunction with order dated 08.09.2025, which is extracted below:- "The petitioner seeks a mandamus forbearing the respondents from taking coercive steps in respect of properties at S.No.1567/8 situated at Keelan Marai Nadu Village, Vembakottai Taluk, Virudhunagar District ('land'/ 'land in question').

2. However, a statutory appeal in terms of Section 10 of the Tamil Nadu Land Encroachment Act, 1905, ('Act') has been preferred by the petitioner on 21.07.2025 challenging the order passed by the third respondent 2/5

dated 02.07.2025. Section 10B of the Act also provides for appropriate interim orders pending disposal of a statutory appeal or revision. We understand that the petitioner has sought such protection and seeks a week's time to file a petition for stay and to provide proof.

3. In the meantime, let the State also provide the number assigned for the appeal instituted on 21.07.2025.

4. List on 16.09.2025.

2. Mr.M.Sarangan, learned Additional Government Pleader for R1 to R3 states that the number assigned for the appeal filed by the petitioner is Na.Ka.G2/3743559/2025.

3. The learned counsel for the petitioner also files Compliance Memo to the effect that a Stay Petition has been filed before the Appellate Authority on 10.09.2025.

4. There is a direction to the Appellate Authority to consider the stay petition and pass appropriate orders within four (4) weeks from today, after hearing the petitioner.

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5. Till such time or for a period of four (4) weeks, whichever is earlier, status quo shall be maintained.

6. This Writ Petition stands dismissed in the light of this order. No costs. Consequently, connected Miscellaneous Petition is closed. [A.S.M.J.,] & [C.K.J.,] 16.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes mbi To 1.The District Collector / the Monitoring Commitee, Virudhunagar District.

2.The Revenue Divisional Officer, Sattur, Virudhunagar District.

3.The Tahsildar, Vembakottai Taluk, Virudhunagar District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

mbi Order made in Dated:

16.09.2025 5/5