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High CourtsDivision Bench(2021) 10 MAD CK 0004

C.S.I. District Church, Marthandam vs District Collector And Others

Madras High Court · Decided on 1 October 2021

HON’BLE JUDGES
F.Deepak, B.Saravanan
RESULT
Disposed Of
CASE NUMBER
Writ Petition (MD) No. 17835 Of 2021

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Judgment

6 paragraphs · 352 words

M.Duraiswamy, J

1.

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the first respondent to pass orders on the stay application filed under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905, filed along with the appeal preferred by the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, on 16.12.2019, against the order of eviction notices dated 27.11.2019, on the file of the second respondent and to stop the operation of the order of eviction passed by the second respondent, dated 27.11.2019.

2.

The grievance of the petitioner is that though he has filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 as early as on 16.12.2019, the same has not yet been disposed of by the first respondent. Further, it is the contention of the petitioner that the first respondent has not passed any order in the stay application filed under Section 10-B of the Act.

3.

Mr.B.Saravanan, learned Government Advocate taking notice for the respondents submitted that the first respondent may be directed to pass orders on the stay application as well as in the appeal filed by the petitioner, within a period of eight weeks.

4.

In view of the submissions made by the learned Counsel appearing on either side, taking into consideration the limited prayer sought for by the learned Counsel for the petitioner, without expressing any opinion with regard to the merits of the case, We direct the first respondent to consider the petitioner's stay application filed under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order and till such time, the respondents are directed to maintain status quo. Further, we direct the first respondent to dispose of the appeal, dated 16.12.2019, filed by the petitioner, on merits and in accordance of law, within a period of six weeks thereafter.

5.

With these observations, the Writ Petition is disposed of. No costs.