R.Sambandam v. The District Collector

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 01-11-2023

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.24715 of 2008 R.Sambandam ...

Petitioner -vs1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Zonal Deputy Tahsildar, Madhavaram, Ambattur Taluk, Thiruvallur District.

3.The Revenue Inspector, Madhavaram, Ambattur Taluk, Thiruvallur District.

...

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus to call for the records of the second respondent in respect of his proceedings, dated 17.09.2008, in Naa.Kaa.No.1514/2007/A1 and quash the same and thereby forbear the respondents from in any way interfering with the

2/4 petitioner's property in old Survey No.240/1 (New Survey No.240/1C-1.50 hares) of Kadapakkam Village, Ambattur Taluk, Thiruvallur District. For Petitioner : Mr.N.Suresh For Respondents : Mr.J.Ravindran, Addl.Advocate General, assisted by Mr.A.Selvendran, Spl.Govt.Pleader.

ORDER

(By S.Vaidyanathan,J.) Mr.N.Suresh, learned counsel for the petitioner, would submit that the respondents are trying to evict the petitioner from the property in question.

2. Pursuant to the order of this Court, dated 28.03.2022, passed in W.P.No.24195 of 2008, the possession of the property vests with the petitioner.

3. Mr.A.Selvendran, learned Special Government Pleader, appearing for the respondents would submit that the possession of the property is not with the petitioner and that it is no doubt true that pursuant to the orders of this Court, dated 28.03.2022, mentioned supra, the petitioner has to be given the benefit of the order, but, however, the said order is going to be challenged by way of a Writ Appeal.

4. As long as the order, dated 28.03.2022, stands, no coercive action shall be taken against the petitioner in the present writ petition and, depending upon the outcome of the Writ Appeal, action can be taken. Hence, no further adjudication is

3/4 required in this Writ Petition, which is disposed of accordingly, leaving open all the legal and factual points available to both the parties. No costs. Consequently, the connected M.P.No.1 of 2008 is closed.

Index : Yes/No (S.V.N.,J.) (K.R.S.,J.) Internet : Yes/No 01-11-2023 dixit To 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Zonal Deputy Tahsildar, Madhavaram, Ambattur Taluk, Thiruvallur District.

3.The Revenue Inspector, Madhavaram, Ambattur Taluk, Thiruvallur District.

4/4 S.VAIDYANATHAN,J.

AND K.RAJASEKAR,J.

dixit W.P.No.24715 of 2008 01-11-2023