WP/33922/2017 of R.P.Desamani, Vs The District Collector of on 28 December 2017

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.12.2017

CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESHANDTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

WRIT PETITION NOS.33922 & 33923 OF 2017 &WMP.NOS.37625 & 37626 OF 2017

R.P.Desamani...Petitioner inWP.33922/2017R.P.Duraiswamy...Petitioner inWP.33923/2017Vs1. The District Collector, Collectorate, Namakkal.2. The Revenue Divisional Officer, Tiruchengode, Namakkal District.3. The Tahsildar, Office of the Revenue Tahsildar, Kumarapalayam, Kumarapalayam Taluk, Namakkal District....Respondents in both WPsPrayer:Writ Petitions filed under Article 226 of TheConstitution of India praying for the issuance of Writs ofMandamus directing the second respondent to dispose of thepetitions for stay filed by the petitioners in un-numberedappeal Nos.---- of 2017 against the orders dated 30.10.2017 madein Na.Ka. No.5392/2017(A2) of the third respondent.

For Petitioners :Mr.S.V.Jayaraman, SC forMr.R.AgileshFor Respondents :Mr.T.M.Pappiah, SGPCOMMON ORDER(Order of the Court was made by M.S.RAMESH,J)

Mr.T.M.Pappiah, learned Special Government Pleader acceptsnotice for the respondents. Heard both. By consent, the writpetitions are taken up for joint disposal.

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2. By the orders dated 30.10.2017, the petitioners weredirected by the third respondent to remove the coconut trees inthe Government poramboke lands in S.F.No. 337.

3. According to the petitioners, the subject matter is onappeal before the second respondent wherein they had filedpetitions for stay of the orders dated 30.10.2017, which arestated to be pending.

4. However, a limited prayer is sought in these writpetitions for expeditious disposal of the stay petitions.

5. In the light of the fact that the orders dated 30.10.2017are pending on appeal, it would be appropriate for this Court todirect the second respondent to expedite the hearing of the staypetitions.

6. Hence, in view of the submission made, without going intothe merits of the case, the writ petitions are disposed of witha direction to the second respondent to expedite the hearing ofthe stay petitions in unnumbered appeals filed by thepetitioners against the orders dated 30.10.2017 and passappropriate orders on merits and in accordance with law, withina period of two weeks from the date of receipt of a copy of thisorder. Since the orders dated 30.10.2017 are under challenge, itwould be appropriate that the same are kept in abeyance till thedisposal of the stay petitions by the second respondent.Accordingly, the orders dated 30.10.2017 are directed to be keptin abeyance till the disposal of the stay petitions pendingappeals before the second respondent. No costs. Consequently,the connected WMPs are closed.

s/d- Assistant Registrar(V.O)

True Copy

Sub-Assistant Registrar

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