LAWS(MAD)-2019-8-344

E. ANNAMALAI Vs. DISTRICT COLLECTOR, TIRUVALLUR DISTRICT

Decided On August 02, 2019
E. Annamalai Appellant
V/S
DISTRICT COLLECTOR, TIRUVALLUR DISTRICT Respondents

JUDGEMENT

(1.) The above Writ Petition has been filed by the petitioner to issue a Writ of Mandamus directing the resolutions to dispose of the statutory appeal dated 14.06.2019 filed under Section 10 of the Tamil Nadu Land Encroachment Act within a time frame and consequently, forbear the respondents from evicting the petitioner from the property comprised in S. No. 271 situated at No. 602, Pallikkooda Street, Perampakkam, Tiruvallur District.

(2.) It is the case of the petitioner that he has filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 on 14.06.2019 before the 1st respondent challenging the notice issued under section 7 of the Tamil Nadu Land Encroachment Act.

(3.) Since the notice issued under Section 7 is only a show cause notice and even according to the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents, the authorities have not issued any notice under Section 6 of the Act so far, the petitioner can file an appeal under Section 10 of the Act against the notice issued under Section 6 of the Act.