Allowed

Karuppaiah v. The District Collector

Madras HC19 Jun 2024WP(MD)/13112/2024

Case brief

AI extract

What is this about?

The Madras High Court stayed the implementation of an eviction order under Section 6 of the Tamil Nadu Land Encroachment Act pending the disposal of an appeal under Section 10, directing the collector to decide on merits within eight weeks.

What did the court decide?

Eviction order stayed; first respondent directed to dispose of appeal on merits within eight weeks; petitioner to be heard before final order.

Karuppaiah Vs The District Collector — Land Acquisition | Madras HC (2024)

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W.P.(MD) No.13112 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.06.2024

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CORAM:

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THE HON'BLE MR .R.MAHADEVAN , ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD) No.13112 of 2024 and W.M.P.(MD) No.11624 of 2024

Karuppaiah

... Petitioner

-vs-

1.The District Collector Office of the District Collector Virudhunagar District

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2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Sivakasi, Virudhunagar District

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3.The Tahsildar / Monitoring Committee Rajapalayam Taluk Virudhunagar District

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4.The Block Development Officer Rajapalaylam Taluk Virudhunagar District

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_____________ Page 1 of 6_

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

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W.P.(MD) No.13112 of 2024

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5.The Village Administrative Officer Sundarajapuram Village Panchayat Rajapalayam Taluk Virudhunagar District

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, forbearing the third respondent from evicting the petitioner from the property situated at Natham Survey No.429/38, Sundarajapuram Village, Rajapalayam Taluk, Virudhunagar District till the disposal of appeal filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 in E/2091371 pending before the first respondent in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr.R.Alagumani

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For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

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O R D E R

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R.MAHADEVAN , A.C.J. And G.R.SWAMINATHAN, J.

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Heard the learned counsel for the petitioner and learned Additional Government Pleader for the respondents.

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_____________ Page 2 of 6_

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

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W.P.(MD) No.13112 of 2024

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2. The petitioner herein had suffered an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. In fact, the petitioner had earlier filed a writ petition before this Court. The matter went right upto the Honourable Supreme Court. The petitioner has also filed a civil suit. Be that as it may, the fact remains that the petitioner had already filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before the first respondent. The appeal is a continuation of the original proceedings. If the order appealed against the petitioner is implemented even before the appeal is disposed of, nothing will remain in the appeal. This writ petition is disposed of in the following terms:

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(a) The first respondent will dispose of the petitioner's appeal on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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(b) The petitioner will be heard before passing final order.

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Page 3 of 6

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

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W.P.(MD) No.13112 of 2024

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(d) We make it clear that we have not gone into the

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merits of the matter.

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(e) No costs. Consequently, connected miscellaneous petition is closed.

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[R.M.D., A.C.J.] [G.R.S., J.]

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19.06.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk / ias

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To:

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1.The District Collector, Office of the District Collector, Virudhunagar District.

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2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi, Virudhunagar District.

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3.The Tahsildar / Monitoring Committee, Rajapalayam Taluk, Virudhunagar District.

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Page 4 of 6

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

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W.P.(MD) No.13112 of 2024

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4.The Block Development Officer, Rajapalaylam Taluk, Virudhunagar District.

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5.The Village Administrative Officer, Sundarajapuram Village Panchayat, Rajapalayam Taluk, Virudhunagar District.

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Page 5 of 6

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

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W.P.(MD) No.13112 of 2024

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R.MAHADEVAN , A.C.J. and G.R.SWAMINATHAN, J.

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krk / ias

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W.P.(MD) No.13112 of 2024 and W.M.P.(MD) No.11624 of 2024

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19.06.2024

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Page 6 of 6

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

Karuppaiah v. The District Collector

Case brief

What is this about?

What did the court decide?

Karuppaiah v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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