V.MURUGESAN @ MURUGESA PANDI Vs. DISTRICT COLLECTOR, TIRUCHIRAPALLI

JUDGEMENT

(1.) Mr.R.Murugan, learned Additional Government Pleader takes notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

(2.) The second petitioner admittedly was granted with an assignment order by Order No.8/1402 in respect of 40.5 ares in Patta No. 731 and it appears that she along with her husband, who is the first petitioner herein, said to have purchased lands from other assignees in violation of the terms and conditions of the assignment. Therefore, proceedings were initiated under the provisions of the Tamil Nadu Land Encroachment Act, 1905. Challenging the legality of the said proceedings, the petitioners preferred a statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1095 along with a stay petition under Section 10(B) praying for stay of further proceedings before the first respondent.

(3.) The learned counsel of the petitioners would submit that the said appeal along with the petition for stay was taken on file on 30.08.2020 on the file of the first respondent and the same has already been entertained and hearing of the said stay petitioner is fixed on 24.09.2020 before the first respondent.