Allowed

Rajendran.S v. The District collector

Madras HC25 Apr 2023WP(MD)/9689/2023

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus directing the District Collector to dispose of a statutory appeal under the Tamil Nadu Land Encroachments Act on merits within four weeks, without being influenced by prior judicial observations, and forbearing coercive action regarding specific land.

What did the court decide?

District Collector to dispose of appeal under Section 10 of Tamil Nadu Land Encroachments Act on merits within four weeks, uninfluenced by prior observations, and forbear coercive action.

Rajendran.S Vs The District collector — Land Acquisition | Madras HC (2023)

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W.P.(MD) No.9689 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.04.2023

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CORAM:

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THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and

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THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

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W.P.(MD) No.9689 of 2023 and WMP(MD) No.8565 of 2023

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S.Rajendran ... Petitioner

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-vs-

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1.The District Collector, Collector Office Thanjavur. 2.The Tahsildar Thanjavur, Thanjavur District. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 1^st respondent to dispose of the statutory appeal dated 08.04.2023 preferred by the petitioner under Section 10 of the Tamil Nadu Land Encroachments Act, 1905 within the time that may be stipulated by this

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.9689 of 2023

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Court and consequently forbear the 2^nd respondent from taking any coercive action qua the land in Ward No.7, Block No.9 Town Survey No.73 in Bala Nagar, Thanjavur District till such time.

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For Petitioner : Mr.B.Gowtham Arun For Respondents : Mr.S.P.Maharajan Special Government Pleader

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O R D E R

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[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE]

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The petitioner has filed this writ petition for issuance of a writ of mandamus to direct the 1^st respondent to dispose of the statutory appeal dated 08.04.2023 preferred by the petitioner under Section 10 of the Tamil Nadu Land Encroachments Act, 1905 (hereinafter referred to as 'the Act') within the time that may be stipulated by this Court and consequently forbear the 2^nd respondent from taking any coercive action qua the land in Ward No.7, Block No.9 Town Survey No.73 in Bala Nagar, Thanjavur District.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.9689 of 2023

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Petitioner, having suffered a notice issued under Section 7 of the Act followed by the proceedings issued under Section 6 of the Act, has filed the appeal under Section 10 before the District Collector, namely, the 1^st respondent herein. His grievance is that though he has approached the first respondent District Collector by filing a statutory appeal, the same is kept pending. The petitioner is also facing apprehension that the matter may not be considered on merits in the light of some observations made by this Court in its order dated 09.01.2023 passed in W.P.(MD) No.5977 of 2013, wherein this Court has made a mention in Paragraph No.2 that the land covered in S.No.432 has been classified as Vadigal Vari (Channel). Therefore, if a direction is given to the District Collector to dispose of the appeal on merits, without being influenced by the order passed by this Court, no prejudice would be caused to anyone.

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Learned Special Government Pleader also stated that the District Collector may be directed to dispose of the appeal on merits without being influenced by any of the observations.

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____________ Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.9689 of 2023

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Therefore, the District Collector, Thanjavur, is directed to take up the

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appeal and dispose of the same, on merits and on the basis of the revenue records, without being influenced by the observations made by this Court, within a period of four weeks from the date of receipt of a copy of this order.

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Writ petition is disposed of with the above direction. However, there is no order as to costs. consequently connected Miscellaneous Petition is closed.

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[T.R., A.C.J.] [R.S.M, J.] 25.04.2023

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NCC : Yes / No Index : Yes / No

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1.The District Collector, Collector Office Thanjavur.

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2.The Tahsildar Thanjavur, Thanjavur District.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.9689 of 2023

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THE HON'BLE THE ACTING CHIEF JUSTICE and R.SUBRAMANIAN, J.

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W.P.(MD)No.9689 of 2023

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25.04.2023

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____________ Page 5 of 5

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https://www.mhc.tn.gov.in/judis

Rajendran.S v. The District collector

Case brief

What is this about?

What did the court decide?

Rajendran.S v. The District collector

Case brief

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