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ABDUL QUDDHOSE, S. SRIMATHY
V. Durairaj – Appellant
Versus
District Collector, Thoothukudi – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to impugned order passed by the second respondent vide proceedings in Na.Ka.A1-3299-2020, dated 05.05.2022 and set aside the same.)
Abdul Quddhose, J.
1. This writ petition has been filed challenging the order dated 05.05.2022 passed by the second respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. Aggrieved by the same, the petitioner has already preferred a Statutory Appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, which is pending on the file of the first respondent. The petitioner has also filed a stay application before the first respondent seeking stay of the impugned order.
2. According to the petitioner, the same has not been considered till date. It is also the contention of the petitioner that despite filing the statutory appeal, the respondents are attempted to evict the petitioner. In such circumstances, he has filed this writ petition.
3. Heard Mr.S.Pon Senthil Kumaran, learned counsel for the petitioner, Mr.A.Kannan, learned Additional Government Pleader, who acce
The court emphasized the need to protect the petitioner's interest until the Statutory Appeal is disposed of, considering the nature of the land and the lack of opportunity for a fair hearing.
The court emphasized the need for a fair hearing and granted a stay of the impugned orders until the Statutory Appeal is disposed of.
Court upheld that the petitioner's remedy lies with the appellate authority under the Tamil Nadu Land Encroachment Act, 1905.
Judicial intervention is unnecessary when the issue at hand, such as land encroachment, has already been resolved, as per statutory provisions.
An appellate authority must dispose of a statutory appeal filed under the Tamil Nadu Land Encroachment Act, 1905 within a reasonable time, and eviction proceedings should remain stayed during the pen....
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