G.Jeyakanth, 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.12272 of 2016 and WMP.No.10617 of 2016 G.Jeyakanth ..

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 2nd respondent 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.30D, nearer to the Village Road, Panamthoppu, Thammampatti to Thuraiyur Main Road, Kattukottai, Thammampatti Village, Gangavalli Taluk, Salem District, except under 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.30D, Panamthoppu, Thammampatti Post, Gangavalli Taluk, Salem District, with his family for very many years and the property is also subject to statutory rules and prays for appropriate orders protecting his property.

3.

The learned counsel for the petitioner submits that the petitioner is residing in the property, which is subject to statutory rules and 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. 30814 1 cc to Government Pleader, Sr. 30929 W.P.No.12272 of 2016 SKV (CO) kk 17/6