Madras High Court
K.Venkatesan vs The District Collector on 1 March, 2022
W.P.Nos.1589 to 1591 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos.1589 to 1591 of 2022
K.Venkatesan .. Petitioner
in WP:1589/2022
M.Anusuya .. Petitioner
in WP:1590/2022
Vasantha .. Petitioner
in WP:1591/2022
Vs
1. The District Collector
(Chennai District)
Singaravelar Maligai
Chennai - 600 001.
2. The Tahsildar
Sholinganallur Taluk
Chennai - 600 119. .. Respondents
Prayer: Petitions filed under Article 226 of the Constitution of India
praying for a writ of mandamus directing the first respondent to pass
orders in the appeals and stay petitions dated 12.1.2022 against the
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W.P.Nos.1589 to 1591 of 2022
second respondent's orders even dated 10.1.2022 under the Tamil
Nadu Land Encroachment Act, 1905 within a stipulated time.
For the Petitioners : Mr.K.Sakthivel
For the Respondents : Mr.J.Ravindran
Additional Advocate General
assisted by
Mr.P.Muthukumar
State Government Pleader
COMMON ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petitioners have filed these writ petitions seeking a
direction on the first respondent to pass orders on the appeals filed
by them on 12.1.2022.
2. Challenging the order dated 10.1.2022 passed by the second
respondent under Section 6 of the Tamil Nadu Land Encroachment
Act, 1905, the petitioners filed appeals under Section 10 of the Act of
1905. During the pendency of the appeals, simultaneous proceedings
in the shape of writ petitions were taken to seek a direction for
interim orders.
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W.P.Nos.1589 to 1591 of 2022
3. Learned State Government Pleader was directed to seek
instructions in regard to the assignment of lands in favour of the
petitioners. In pursuance of the direction aforesaid, a status report
has been filed indicating that during the pendency of the appeals
under Section 10 of the Act, the original file of the District Collector
in No.1675/1988/B1, dated 14.12.1988 was called for, but was not
found. The matter has been kept for enquiry and notices were served
on the petitioners to appear before the appellate authority on
7.2.2022. The matter is thus under active consideration before the
appellate authority.
4. In view of the above, we do not find a case for issuance of
the direction of the nature sought by the petitioners, as two
simultaneous remedies cannot be availed by the petitioners. If an
interim order is required, the petitioners could have prayed for the
same before the appellate authority, which is seized of the matter.
Only for obtaining a stay order pending consideration of the appeals,
writ petitions would not be maintainable and otherwise the action of
the respondents would remain subject to the final outcome of the
appeals. Thus, we do not find any ground to keep this matter
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W.P.Nos.1589 to 1591 of 2022
pending, especially when the assignment of lands itself is in doubt.
5. With the observations already made, the writ petitions are
disposed of without any direction of the nature sought. However, the
petitioners would be at liberty to seek any interim relief before the
appellate authority, who can pass appropriate orders after applying
his mind and considering the facts of this case, the revenue records,
the nature of the land and the recent judgment of the Supreme Court
in Rameshbhai Virabhai Chaudhari v. The State of Gujarat, [Civil
Appeal No.5135 of 2021, dated 6.9.2021], which dealt with
unauthorised encroachment on gauchar land, i.e., grazing land. The
appellate authority would further be expected to decide all the
pending appeals in regard to the land in question at the earliest.
There will be no order as to costs. Consequently,
W.M.P.Nos.1722, 1723 and 1725 of 2022 are closed.
(M.N.B., CJ) (D.B.C., J.)
01.03.2022
Index : Yes/No
sasi
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W.P.Nos.1589 to 1591 of 2022
To:
1. The District Collector
(Chennai District)
Singaravelar Maligai
Chennai - 600 001.
2. The Tahsildar
Sholinganallur Taluk
Chennai - 600 119.
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W.P.Nos.1589 to 1591 of 2022
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.P.Nos.1589 to 1591 of 2022
01.03.2022
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