Madras High Court
Dr.Ambedkar Public Social ... vs The District Collector on 29 March, 2022
W.P.No.6383 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.6383 of 2022
Dr.Ambedkar Public Social Welfare Association,
(REGN. No.340/1994),
Rep. By its Secretary S.Suresh Kumar,
Duraikannu Salai Main Road,
Zamin Pallavaram,
Pallavaram, Chennai. .. Appellant
Versus
1.The District Collector,
Chengalpet District.
2.The Tahsildar,
Pallavaram, Chengalpet. .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking
for issuance of a writ of mandamus to direct the first respondent to dispose the interim stay
application filed by the petitioner vide appeal dated 08.03.2022 preferred under Section 10
read with 10-A as against the notices issued by the second respondent under Sections 6 and
7 of the Tamil Nadu Land Encroachment Act which was alleged to have been affixed on
Dr.Ambedkar Statute but the same was actually received from the second respondent on
07.03.2022 and till then direct the respondents not to take any coercive action in respect of
Town Survey No.55, Zamin Pallavaram Village, Pallavaram Taluk.
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W.P.No.6383 of 2022
For Petitioner : Mr.NGR.Prasad
for Mr.R.Thirumoorthy
For Respondents : Mr.A.Selvendran, Spl.GP
JUDGMENT
(Judgment of the Court was delivered by T.RAJA, J.)
Dr.Ambedkar Public School Welfare Association, represented by its Secretary
Mr.S.Suresh Kumar, has filed this writ petition seeking for issuance of a writ of mandamus
to direct the first respondent/the District Collector, Chengalpet District, to dispose the
interim stay application filed by the petitioner vide appeal dated 08.03.2022 preferred
under Section 10 read with 10-A of the Tamil Nadu Land Encroachment Act (in short “the
Act”) as against the notices issued by the second respondent/the Tahsildar, Pallavaram,
under Sections 6 and 7 of the Act.
2. When the matter is taken up, Mr.N.G.R.Prasad, learned counsel for the petitioner
submitted that the Tahsildar, Pallavaram/second respondent herein has issued a notice
under Section 7 of the Act on 22.10.2021 and thereafter, action has been taken under
Section 6 of the Act on 14.12.2021. Aggrieved thereby, an appeal has been filed under
Section 10 of the Act on 08.03.2022. When the statutory appeal filed by the petitioner is
pending before the District Collector/first respondent, the same deserves to be disposed of
in accordance with law, otherwise, the petitioner would be deprived of his legal rights.
3. In reply, Mr.A.Selvendran, learned Special Government Pleader, submitted that the
petitioner has not filed an appeal within 30 days from the date of notice issued under
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W.P.No.6383 of 2022
Section 6 of the Act on 14.12.2021, especially when same was also served on the same date
by affixing said notice on the compound wall. However, Mr.N.G.R. Prasad, learned
counsel for the petitioner, stated that the said notice has not been served on the petitioner.
4. It is further stated by the learned Special Government Pleader that the belated
appeal filed by the petitioner cannot be entertained, for, pursuant to the order passed by
this Court in Contempt Petition No.208 of 2021 in W.P.No.32460 of 2019, dated 30.09.2021,
directing the Tahsildar, Pallavaram, to report compliance, the said Authority has filed two
status report stating that the alleged encroachment would be removed. Therefore, at this
stage, the respondents need not be directed to dispose of the appeal filed by the petitioner
in the present case.
5. However, this Court, without going into the merits of the matter, taking note of
the fact that the appeal preferred by the petitioner under Section 10 of the Act is pending
before the first respondent herein and that there is also a provision for condoning the delay
under Section 11(4) of the Act, directs the first respondent to dispose of the appeal dated
08.03.2022 filed by the petitioner on merits and in accordance with law, as expeditiously as
possible, after providing an opportunity of personal hearing to the aggrieved parties. With
this direction, the writ petition stands disposed of. No Costs.
(T.R., J.) (S.S., J.)
29.03.2022
https://www.mhc.tn.gov.in/judis
W.P.No.6383 of 2022
rkm
T.RAJA, J.
and
S.SOUNTHAR, J.
rkm
To
1.The District Collector,
Chengalpet District.
2.The Tahsildar,
Pallavaram, Chengalpet.
W.P.No.6383 of 2022
29.03.2022
https://www.mhc.tn.gov.in/judis
