Mookkaian .S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.26694 & 26695 of 2023 Mookkaian ... Petitioner Vs.
1.The District Collector, Collectorate Complex, 2.The Tahsildar, Ottapidaram Tahsildar Office, Ottapidaram, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notice issued by the second 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 1/4
in South Sinthalakottai Village, Kurukkusalai Panchayat, Ottapidaram Taluk, For Petitioner : Mr.K.S.Duraipandian For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
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 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. 2/4
4.This writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 02.01.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Collectorate Complex, 2.The Tahsildar, Ottapidaram Tahsildar Office, Ottapidaram, 3/4
G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
MGA and W.M.P(MD)Nos.26694 & 26695 of 2023 02.01.2024 4/4