Madras High CourtWP(MD)/30474/2023disposed of

Panneerselvam .A v. The District Collector

2023-12-21Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.30474 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.30474 of 2023 AND W.M.P.(MD)Nos.26225 & 26227 of 2023 A.Panneerselvam ... Petitioner Vs.

1. The District Collector, Collectorate Complex, Tuticorin District.

2. The Tahsildar, Ottapidaram Tahsildar Office, Ottapidaram, Tuticorin District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notice issued by the 2nd respondent vide Na.Ka.No.A3/863/2023 dated 06.12.2023 and quash the same as illegal and consequently direct the respondents to issue patta to the petitioner's house situated at Survey No.143/3 in South Sinthalakottai Village, Kurukkusalai Panchayat, 1/3

2 W.P.(MD)NO.30474 OF 2023 Ottapidaram Taluk, Thoothukudi District by considering his representation dated 29.05.2023.

For Petitioner : Mr.K.S.Duraipandian For Respondents : Mr.K.Balasubramani, Special Government Pleader.

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O R D E R

Heard both sides.

2, The petitioner was issued the impugned notice under Section 6 of the Tamil Nadu Land Encroachment Act. He has filed an appeal under Section 10 of the Act before the first respondent. The apprehension of the petitioner is that the appeal may be dismissed as infructuous by enforcing the order in the meanwhile.

3. We direct the respondents to keep the order under Section 6 of the Act is in abeyance and hold till the disposal of the appeal by the first respondent. The first respondent is directed to dispose of the statutory appeal filed by the 2/3

3 W.P.(MD)NO.30474 OF 2023 petitioner on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 21st December 2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Collectorate Complex, Tuticorin District.

2. The Tahsildar, Ottapidaram Tahsildar Office, Ottapidaram, Tuticorin District.

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4 W.P.(MD)NO.30474 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.30474 of 2023 21.12.2023 4/3