Madras High Court
Vadivambal vs The District Collector on 21 July, 2023
Author: P.D.Audikesavalu
Bench: Sanjay V.Gangapurwala, P.D.Audikesavalu
W.P.No.21498 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.21498 of 2023
Vadivambal .. Petitioner
Vs
1.The District Collector,
Villupuram.
2.The Tashildar,
Gingee, Villupuram.
3.The Block Development Officer,
Gingee.
4.The Village Administrative Officer,
Sempedu Village & Post,
Gingee, Villupuram District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of certiorarified mandamus to call for the
records on the file of the third respondent in proceedings
Na.Ka.No.A1/203/2023 dated 6.3.2023 issued under Section 6 of
Act 1905 and quash the same as illegal, incompetent and without
jurisdiction and further direct the respondents to pay damages for
the respondents of Rupees Twenty five lakhs (Rs.25,00,000/-) for
illegally removing the sapling/standing crops of the petitioner
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W.P.No.21498 of 2023
situate at 189/1C, Sempedu Village, Gingee, Villupuram District.
For the Petitioner : Ms.R.Poornima
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by
Mr.K.M.D.Muhilan
Addl. Government Pleader
for respondents 1 to 4
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Ms.R.Poornima, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for respondents 1 to 4.
2. Learned counsel submits that the land is assigned in favour of the petitioner, still an erroneous order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was passed. The petitioner filed an appeal in March, 2023 under Section 10 of the Act before the competent authority. Though the appeal was pending, the respondents destroyed the crop of the petitioner. __________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.21498 of 2023
3. The petitioner could have filed an application for stay under Section 10-B of the Act, which application the authority is required to consider. However, the petitioner did not file any application for stay.
4. The authority concerned, where the appeal filed by the petitioner is pending, shall dispose of the appeal expeditiously, preferably within three months from the date of appearance of the petitioner before the authority. The petitioner shall appear before the authority concerned on 1.8.2023.
5. The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.No.20865 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
21.07.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
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1.The District Collector, Villupuram.
2.The Tashildar, Gingee, Villupuram.
3.The Block Development Officer, Gingee.
4.The Village Administrative Officer, Sempedu Village & Post, Gingee, Villupuram District.
__________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.21498 of 2023 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) W.P.No.21498 of 2023 21.07.2023 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis