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Madras High CourtWP/29633/2010disposed of

Subramania Gounder (Deceased) v. The District Collector,

2022-02-25Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. NO.29633 OF 2010 AND M.P.NO.1 OF 2010

1. Subramania Gounder(Died)

2. S.Chellamuthu

3. S.Palanisamy

4. S.Myilsamy

5. S.Samidurai ... Petitioners (P2 to P5 substituted as LR's of deceased sole Petitioner vide order dated 25.02.2022 made in WMP.No.34532 of 2019 in WP.No.29633 of 2010) Vs.

1. The District Collector, Tiruppur District, Tiruppur.

2. The Thasildar, Udumalpet, Tiruppur District.

3. The Inspector of Police, Kumaralingam Police Station, Tiruppur District.

4. Veeraboyan

5. Chinna Veeraboyan

6. Veerammal

7. Lakshmi (R4 to R7 were impleaded as per order dt.24.02.2011 in W.M.P.No.1 of 2012 in W.P.29633/2010) ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents their men and agents interfering with lease hold rights of the petitioner in the property involved in O.S.No.677 of 2007 on the file of the District Munsif Court, Udumalpet dated 19.12.2008 in S.F.Nos.142/5, 142/10, 142/7 and 148/7 Andiyagoundanur Village, Udumalpet Taluk, Tiruppur District.

For Petitioner : Mr.M.Parthasarathy For Respondents : Mr.A.Anandan 1 to 3 Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to forbear the respondents their men and agents interfering with leasehold rights of the petitioner in the property involved in O.S.No.677 of 2007 on the file of the District Munsif Court, Udumalpet dated 19.12.2008 in S.F.Nos.142/5, 142/10, 142/7 and 148/7, Andiyagoundanur Village, Udumalpet Taluk, Tiruppur District.

2. The learned Government Advocate takes notice for the official respondents. Since no adverse orders are being passed against the private respondents, notice to the private respondents is dispensed with.

3. The learned counsel for the petitioner submitted that the leasehold rights were granted for the petitioner in the property involved in O.S.No.677 of 2007.

4. Considering the facts and circumstances, in view of the limited prayer sought in this petition, this Court is inclined to forbear the respondents not to interfere the petitioner's property stated above, without due process of law.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Psa To

1. The District Collector, Tiruppur District, Tiruppur.

2. The Thasildar, Udumalpet, Tiruppur District.

3. The Inspector of Police, Kumaralingam Police Station, Tiruppur District.

+1cc to Mr.B.Gopalakrishnan, Advocate, S.R.No.12862 +1cc to the Government Pleader, S.R.No.13406 W.P. No.29633 of 2010 SSI(CO) PM/30/03/2022