K.Sadagopan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.14015 to 14017 of 2009 K.Sadagopan ... Petitioner in W.P.No.14015 of 2009 K.Arumugam ..Petitioner in W.P.No.14016 of 2009 P.Sakunthala ..Petitioner in W.P.No.14017 of 2009 .Vs.

1.The District Collector Kancheepuram District Kancheepuram.

2.The Tahsildar Tambaram Taluk G.S.T.Road, Kadaperi Chennai-45.

3.The Chief Engineer Water Resource Organization Public Works Department Chennai.

... Respondents in All WPs Prayer in W.P.No.14015 of 2009: Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents herein from disturbing or interfere with the petitioner's possession and enjoyment of the land situated at No.99, Koilambakkam, Chennai comprised in Survey No.87/1, to the extent of 1000 sq.ft., in the occupation of the petitioner.

Prayer in W.P.No.14016 of 2009: Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of

Mandamus, forbearing the respondents herein from disturbing or interfere with the petitioner's possession and enjoyment of the land situated at No.99, Koilambakkam, Chennai comprised in Survey No.87/1, to the extent of 1200 sq.ft., in the occupation of the petitioner.

Prayer in W.P.No.14017 of 2009: Writ Petition under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents herein from disturbing or interfere and disturb the possession of the petitioner in the land situated at No.99, Koilambakkam, Chennai comprised in Survey No.36/1, to the extent of 900 sq.ft., in his occupation. For Petitioner : Mr.D.Sureshkumar (In All WPs) For Respondents : Mr.A.Selvendran (In All WPs) Special Government Pleader COMMON ORDER All these writ petitions have been filed to forbear the respondents from disturbing or interfering with the possession and enjoyment of the petitioners with their respective properties.

2.The case of the petitioners is that they have purchased the properties and they have put up the construction and their properties are also assessed to property tax. 3.The grievance of the petitioners is that the respondents are attempting to demolish the property and take possession of the same even without putting the petitioners on notice. Aggrieved by the same, these writ petitions were filed before this Court.

4.Heard Mr.D.Suresh Kumar, learned counsel for the petitioners and Mr.A.Selvendran, learned Special Government Pleader for the respondents.

5.It is seen from records that the petitioners had the benefit of an order of interim injunction right through and this Court believes that the Status Quo was maintained. In view of the above, if at all the respondents wants to take action for the recovery of the property, the same shall be done by putting the petitioners on notice and strictly in accordance with law.

6.These writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar KP To 1.The District Collector Kancheepuram District Kancheepuram.

2.The Tahsildar Tambaram Taluk G.S.T.Road, Kadaperi Chennai-45.

3.The Chief Engineer Water Resource Organization Public Works Department Chennai.

+1cc to the Government Pleader, S.R.No.3509 WP.Nos.14015 to 14017 of 2009 SKM(CO) SB(04/07/2022)