PON.THANGAVELU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr. V. Jayaprakash Narayan, learned Government Pleader accepts notice on behalf of the respondents.

(2.) The petitioner is the Managing Trustee of Sri Vaiyapuri Vinayagar Temple and the Trust is a registered one bearing No. 1330/2012 registered on 12. 12. 2012 on the file of the Sub Registrar, Neelangarai. It is his further case that one Mr. Sekar had filed WP. No. 9412 of 2014 before the Hon'ble First Bench of this Court against [1]the District Collector, Kancheepuram District ; [2]the Tahsildar, Sholinganallur Taluk, Kancheepuram District ; [3]the Commissioner, Chennai Corporation, Chennai-3 and against 6 private persons including the petitioner herein, seeking to remove the unauthorisedly erected idol of the Deity in S. No. 234 at Injambakkam Village, Sholinganallur Taluk, Kancheepuram District and the Hon'ble First Bench had disposed of the said writ petition on 31. 08. 2016, directing the authorities concerned to examine the subject matter. Since the said order has not been complied with, the petitioner therein, viz. , Mr. I. H. Sekar, filed Cont. P. No. 1756/2017. Subsequently, the petitioner was issued with notices under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905, [in short ''the Act''] and challenging the same, the petitioner filed WP. No. 3179/2019 before this Court and vide order dated 05. 02. 2019, this Court had disposed of the said writ petition, granting liberty to the petitioner to file an appeal under Section 10 of the Act to the authority concerned within the stipulated period with a further direction to the concerned authority to deal with the said appeal in accordance with law.

(3.) It is the further case of the petitioner that pursuant to the order dated 05. 02. 2019 made in WP. No. 3179/2019, he had preferred an appeal u/s. 10 of the Act before the 1st respondent on 11. 02. 2019 and since the same was not given a disposal, he filed WP. No. 26814/2019 before the Hon'ble First Bench seeking direction to the respondents therein to dispose of the said appeal and the Hon'ble First Bench had disposed of the said writ petition by observing that as the petitioner has got an efficacious alternate remedy, this Court is not inclined to interfere and the petitioner is relegated to the remedy of preferring a stay petition u/s. 10-B of the Act in the said appeal.