In a writ petition seeking relief from eviction proceedings, the Madras High Court directed the appellate authority to dispose of the pending appeal under the Tamil Nadu Land Encroachment Act, 1905, within six weeks without adjudicating the merits of the land claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.25714 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.25714 of 2022
A.Stephen
.. Petitioner
Vs
5.P.Murugan .. Respondents
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W.P.No.25714 of 2022
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the third and fourth respondents from taking eviction proceedings against the petitioner till the disposal of his appeal pending before the second respondent under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.
For the Petitioner : Mr.S.Muthukrishnan
For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
Mr.A.Stephen, son of Arokkiasamy, a resident of Kattukottai,
Nagiyampatti Post, Gangavalli Taluk, Salem District, has filed the writ petition for issuance of a writ of mandamus forbearing respondents 3 and 4 from taking eviction proceedings against the petitioner till the disposal of the appeal filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity, “ the Act of
1905 ”].
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W.P.No.25714 of 2022
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W.P.No.25714 of 2022
land owners have used the existing cart track without any dispute and when nobody knows the survey number of the cart track which is the subject-matter in the writ petition, the fifth respondent filed W.P.No.24632 of 2021 alleging that he is cultivating the land in S.No.408/7 and the only access to his land is the public pathway i.e. the cart track said to be comprised in S.No.409/1 and further alleging that the petitioner herein and other persons have encroached the cart track and as a consequence, he is not able to transport the agriculture produces. The said writ petition is stated to be pending.
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W.P.No.25714 of 2022
is disposed of. There will be no order as to costs. Consequently,
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W.P.No.25714 of 2022
W.M.P.No.24761 of 2022 is closed.
(T.R., ACJ.) (D.K.K., J.)
Index : Yes/No bbr
To:
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W.P.No.25714 of 2022
T.RAJA, ACJ AND D.KRISHNAKUMAR, J.
bbr
W.P.No.25714 of 2022
27.09.2022
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3 issues framed by the court
Whether to restrain official respondents from taking eviction proceedings against the petitioner pending the disposal of the appeal.
Whether the appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, would be disposed of within six weeks.
Whether the validity of the petitioner's claim to the land, being a cart track, merits a substantive enquiry at this stage.
4 provisions across 2 enactments
A.Stephen
The District Collector, Collectorate, Salem District
The Revenue Divisional Officer, Attur, Salem District
The Tahsildhar, Attur Road, Gangavalli Taluk, Salem District
The Block Development Officer, Gangavalli Taluk, Salem District
T.RAJA
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
