Karthikeyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.22776 of 2023 1.Karthikeyan 2.Ramasamy 3.S.P.Sudha 4.Pathimuthu Beevi ... Petitioners Vs.

1.The District Collector, Collector Office, Thanjavur.

2.The Tasildar, Thanjavur, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose off the statutory appeal dated 03.05.2023 1/4

preferred by the petitioner under Sec.10 of the Tamil Nadu Land Encroachments Act, 1905 within the time that may be stipulated by this Court and consequently forbear the 2nd respondent from taking any coercive action qua the land in Ward No.7, Block No.9, Town Survey Nos.27 and 73 in Bala Nagar, Thanjavur District till such time. For Petitioners : Mr.B.Gowtham Arun For Respondents : Mr.K.Balasubramani, Spl. Government Pleader.

ORDER

Heard both sides.

2.The petitioners suffered an order of eviction at the hands of the second respondent under Section 6 of the Tamil Nadu Land Encroachments Act, 1905. The petitioners filed statutory appeal under Section 10 of the Act before the first respondent. 3.The first respondent is directed to dispose of the appeal on merits and in accordance with law within a period of twelve weeks from the 2/4

date of receipt of a copy of this order. We make it clear that we have not gone into the merits of the matter.

4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.J.,) & (B.P.J.,) 07.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Collector Office, Thanjavur.

2.The Tasildar, Thanjavur, Thanjavur District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 07.11.2023 (1/2) 4/4