Petitioner challenged encroachment eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905, having filed an appeal and stay petition before the District Collector. Court recorded State's undertaking that Collector would decide the Section 10-B stay petition on merits by 02.01.2025 and directed accordingly.
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W.P.No.38936 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.38936 of 2024 and
W.M.P.No.42166 of 2024 in
W.P.No.38936 of 2024
T.Ramamurthy S/o.Thanapal
... Petitioner
Vs.
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Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to consider petitioner's appeal dated 13.12.2024 filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and pending disposal of the appeal before the 1st respondent not to evict the petitioner from the property measuring an extent of 0.90.0 ares in Survey No.16/5, Old Survey Nos.10/3, 10/4, Mannampoondi Village, Tindivanam Taluk, Villupuram District.
For Petitioner : Mr.P.Pandiyaraj For Respondents : Mr.M.S.Arasakumar Government Advocate for R1 to R4
O R D E R
[Order of the Court was made by M.SUNDAR, J. ,]
Subject matter of captioned 'Writ Petition' {'WP'} is 'land comprised in S.No.16/5 in Mannampoondi Village, Tindivanum Taluk, Villupuram District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.
Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} as regards said land.
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After show causing writ petitioner under Section 7 of said 1905 Act, an order has been made under Section 6 of said 1905 Act. This Section 6 order signed on 06.12.2024 by R4 [The Tahsildar, Tindivanam, Villupuram District] has been duly served on writ petitioner on 11.12.2024.
submits that immediately on receipt of order under Section 6 of said 1905 Act, writ petitioner preferred an appeal to R1 [The District Collector, Villupuram District] under Section 10 of said 1905 Act together with a stay petition under Section 10-B of said 1905 Act. To be noted, the appeal and stay petition are dated 13.12.2024.
for R1 to R4.
been granted vide Section 6 order and therefore, the dispossession has not
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happened as of today. Learned State Counsel also submits, on instructions that R1 will dispose of stay petition under Section 10-B of said 1905 Act in a fortnight from today i.e., by 02.01.2025. This submission is recorded. It is made clear that disposal of stay petition shall be on its own merits and in accordance with law and all rights and contentions of writ petitioner as well as private respondent - R5 [P.Krishnan] are preserved qua disposal of stay petition.
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that R1 shall now dispose of stay petition under Section 10-B of said 1905 Act on or before 02.01.2025, serve a copy of the same on writ petitioner under due acknowledgment within three working days therefrom and further action (if any) will be subject to and depending on the outcome of stay petition.
main appeal if the business of R1 and pendency of other prior matters permit R1 to do so but we issue no direction in this regard.
Captioned WP disposed of as closed in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition is disposed of as closed. There shall be no order as to costs.
Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk
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To
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M.SUNDAR, J., and K.RAJASEKAR, J.,
mk
W.P.No.38936 of 2024
18.12.2024
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1 issue framed by the court
Whether the District Collector should dispose of the petitioner's stay petition under Section 10-B pending the Section 10 appeal against the eviction order.
6 provisions across 2 enactments
T.Ramamurthy S/o.Thanapal
The District Collector Villupuram District
The District Revenue Officer Villupuram District
The Sub-Collector Tindivanam
The Tahsildar Tindivanam Villupuram District
P.Krishnan S/o.Pachaiappan
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
