G.Ananthurai, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.06.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.12271 of 2016 and WMP.No.10616 of 2016 G.Annathurai ..
Petitioner Vs.
1. The District Collector Salem District Salem.
2. The Revenue Divisional Officer Athur, Salem District.
3. The Tahsildar Gangavalli Taluk, Gangavalli Salem District.
..
Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.02.2016 and forbearing the respondents from interfering with the possession in house property of the petitioner situated in Door No.30/A, nearby to the Village Road, between Chinnathoppu Mariamman Temple Point through the Panamthoppu Mariamman Koil touching the Thammampatti to Thuraiyur Main Road at both ends in Kattukottai, Thammampatti Village, Gangavalli Taluk, Salem District, except due process of law.
For Petitioner :
Mr.V.Ravi For Respondents :
Mr.R.A.S.Senthilvel Additional Government Pleader
O R D E R
By consent, the writ petition itself is taken up for final disposal.
2. The petitioner claims that he is residing at Door No.30/A, Panamthoppu, Thammampatti Post, Gangavalli Taluk, Salem District, with his family for very many years. Patta bearing Nos.313/7 and 313/8 has also been given to him and the respondents, without recourse of law, are trying to evict the petitioner inspite of the petitioner giving representation dated 15.02.2016. 3.
The learned counsel for the petitioner submits that the petitioner is residing in the property under statutory rules and he has also been issued with Aadhar Card and hence, prays for necessary orders.
4.
The learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 submits that in the event of evicting the petitioner, the respondents will resort to due process of law. The said submissions of the learned Additional Government Pleader, on instructions, is placed on record. 5.
This Court heard the submissions of Mr.V.Ravi, learned counsel appearing for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for the respondents.
6.
Though the petitioner has prayed for the larger relief, this Court in the light of the facts and circumstances, without going into the merits of the representation dated 15.02.2016 submitted by the petitioner, directs the third respondent to consider and dispose of the petitioner's representation dated 15.02.2016 on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
7.
With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar mra
To
1. The District Collector Salem District Salem.
2. The Revenue Divisional Officer Athur, Salem District.
3. The Tahsildar Gangavalli Taluk, Gangavalli Salem District.
1 cc to Mr.V. Ravi, Advocate, Sr. 30815 1 cc to Government Pleader, Sr. 30929 W.P.No.12271 of 2016 SKV (CO) kk 17/6