Madras High Court
Kaleeswaran vs The District Collector on 6 March, 2023
W.P.(MD) No.4762 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.4762 of 2023
and
W.M.P.(MD) No.4430 of 2023
Kaleeswaran ... Petitioner
-vs-
1.The District Collector
Sivagangai District
Sivagangai
2.The Tahsildar
Kalaiyarkovil Taluk
Sivagangai District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus forbearing the second respondent from proceeding with
his order dated 20.02.2023 under Section 6 of Tamil Nadu Land
Encroachment Act, 1905 till the disposal of the statutory appeal preferred by
the petitioner before the first respondent under Section 10 of Tamil Nadu Land
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Page 1 of 6
W.P.(MD) No.4762 of 2023
Encroachment Act, 1905 bearing petition number
TN/REV/SVG/1/COLLMGDP/27FEB23/5076980.
For Petitioner : Mr.K.Jeyamohan
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
Mr.S.P.Maharajan, learned Special Government Pleader, takes
notice for the respondents.
2. Prayer in this writ petition reads as follows:
“For the reasons stated in the accompanying
affidavit the Petitioner pray that this Hon'ble Court may be
pleased to issue a writ of MANDAMUS, order or direction in
the nature of a writ, forbearing the 2nd Respondent from
proceeding with his order dated 20.02.2023 under Section
6 of Tamil Nadu Land Encroachment Act, 1905 till the
disposal of the statutory appeal preferred by the petitioner
before the first respondent under Section 10 of Tamil Nadu
Land Encroachment Act, 1905 bearing petition number
TN/REV/SVG/1/COLLMGDP/27FEB23/5076980 and to
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W.P.(MD) No.4762 of 2023
pass such further or other orders as this Hon'ble Court may
deem fit and proper in the said circumstances of this case
and thus render justice.”
3. The grievance of the petitioner is that his appeal to set aside
the order of the Tahsildar, passed under Section 6 of the Tamil Nadu Land
Encroachment Act, 1905, is pending before the District Collector and his
application for stay is also pending. During such pendency, the Tahsildar,
namely, the Original Authority is attempting to proceed with the execution of
his order. If he is allowed to do so, the interest of the petitioner will be
affected.
4. Learned counsel for the petitioner would also draw our
attention to the Judgment of this Court in A.Natarajan vs. The
Commissioner, Land Administration [1996-2-L.W.553], wherein, this Court
has categorically held that non grant of stay of execution of the orders of
eviction pending appeal filed under the provisions of the Tamil Nadu Land
Encroachment Act, 1905 would amount to travesty of justice. In view of the
said categorical pronouncement of this Court, the District Collector is obliged
to consider the application for stay and pass orders on it, without any delay,
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W.P.(MD) No.4762 of 2023
so that the orders of the Tahsildar, which are under appeal, are not executed
pending appeal.
5. In view of the above, this writ petition is disposed of with a
direction to the District Collector, Sivagangai District, to dispose of the stay
application filed by the petitioner before him under Section 10B of the Tamil
Nadu Land Encroachment Act, 1905, at the earliest. The Tahsildar,
Kalaiyarkovil Taluk, is directed not to proceed with the execution of the orders
passed by him till such time the District Collector, Sivagangai District,
disposes of the application for stay filed by the petitioner. No costs.
Consequently, connected miscellaneous petition is closed.
[R.S.M., J.] [L.V.G., J.]
06.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Note to Office :
Upload the order in website today itself.
krk
____________
W.P.(MD) No.4762 of 2023
To:
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Tahsildar,
Kalaiyarkovil Taluk,
Sivagangai District.
____________
W.P.(MD) No.4762 of 2023
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
krk
W.P.(MD) No.4762 of 2023
and
W.M.P.(MD) No.4430 of 2023
06.03.2023
____________
