W.P.No.30987 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2025 CORAM THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.30987 of 2022 & W.M.P.No.30387 of 2022 S.Rajakumaran ... Petitioner vs. 1. The District Collector Collectorate, Salem 2. The Revenue Divisional Officer Revenue Divisional Office Attur Taluk Salem District 3. The Tahsildar Taluk Office Thalaivasal Taluk Salem District ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 1st respondent to dispose of the petitioner appeal dated 15.10.2022 within time frame fixed by this Court. Page Nos.1/8 https://www.mhc.tn.gov.in/judis W.P.No.30987 of 2022 For petitioner : Mr.A.Rajakumar For Respondents : Mr.T.K.Saravanan Additional Government Pleader ORDER [Order of the Court was made by M.SUNDAR, J.] Writ petitioner suffered an order dated 13.10.2022 made by R3 under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} after show-causing writ petitioner vide a notice under Section 7 of said 1905 Act signed by R3 on 24.09.2022. 2. Assailing the afore-referred 13.10.2022 order of R3 made under Section 6 of said 1905 Act, writ petitioner has filed a statutory appeal dated 15.10.2022. To be noted, the Appellate Authority is R1. However, it is to be noted that along with the statutory appeal, the writ petitioner has not filed a separate stay petition under Section 10-B of said 1905 Act but has sought stay in the last paragraph of the statutory appeal itself. In this view of the matter, without hinging on technicalities, this Court proceeds on the basis that a separate petition seeking stay has been filed by the writ petitioner. Page Nos.2/8 https://www.mhc.tn.gov.in/judis W.P.No.30987 of 2022 3.Scanned reproduction of the appeal dated 15.10.2022 as placed before us is as follows: Page Nos.3/8 https://www.mhc.tn.gov.in/judis W.P.No.30987 of 2022 4. Learned counsel submits that stay petition is pending without any orders having been passed and the writ petitioner is under pain of dispossession/demolition and that has necessitated the captioned writ petition. 5. Issue notice. Page Nos.4/8 https://www.mhc.tn.gov.in/judis W.P.No.30987 of 2022 6. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for all three respondents and submits, on instructions, that the afore- referred statutory appeal and stay petition are under active consideration of R1 (Appellate Authority) and that the afore-referred stay petition dated 15.10.2022 will be disposed of by R1 on its own merits and in accordance with law as expeditiously as the business of R1 permits but in any event within four weeks from today i.e., on or before 04.08.2025. 7. Though obvious, we make it clear that R1 shall dispose of the afore-referred stay petition on its own merits and in accordance with law. The order so made on or before 04.08.2025 shall be served on the writ petitioner under due acknowledgement within 7 working days. Coercive action (if any and if that be so) shall obviously be subject to and depending on the outcome of the stay petition. If the order is adverse to the writ petitioner, it will be kept in abeyance for a fortnight to enable the writ petitioner to seek judicial review, if so advised and if so desired. Page Nos.5/8 https://www.mhc.tn.gov.in/judis W.P.No.30987 of 2022 8. If the order is in favour of the writ petitioner, that will be curtains on the matter. If it is adverse to the writ petitioner and kept in abeyance for a fortnight and if the writ petitioner does not seek judicial review of the order in Section 10-B petition, consequences will follow. 9.Captioned WP disposed of in the aforesaid manner. As we have made it clear that coercive action (if any and if that be so), will be subject to the outcome of the stay petition with a rider to keep in abeyance, if it is adverse to the writ petitioner, captioned WMP has become otiose and the same is disposed of as closed. There shall be no order as to costs. [M.S., J.] [H.C., J.] 07.07.2025 Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order gpa Page Nos.6/8 https://www.mhc.tn.gov.in/judis W.P.No.30987 of 2022 To 1. The District Collector Collectorate, Salem 2. The Revenue Divisional Officer Revenue Divisional Office Attur Taluk Salem District 3. The Tahsildar Taluk Office Thalaivasal Taluk Salem District Page Nos.7/8 https://www.mhc.tn.gov.in/judis W.P.No.30987 of 2022 M.SUNDAR, J. and HEMANT CHANDANGOUDAR, J. gpa W.P.No.30987 of 2022 07.07.2025 Page Nos.8/8 https://www.mhc.tn.gov.in/judis