V.Sridhar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.6221 of 2019 and W.M.P.No.7063 of 2019 V.Sridhar .. Petitioner -vs1.The District Collector, Thiruvallur District, Thiruvallur.

2.The District Revenue Officer, Thiruvallur District, Thiruvallur.

3.The Tahsildar, Thiruvallur, Thiruvallur District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the respondents from interfering with the peaceful possession and enjoyment of the property situated at S.No.9, 15 & 15/2 classified as Meikkal Poramboke land at Agaram Village, Thiruvallur District, under the occupation of the petitioner without following due process of law.

For Petitioner :

Mr.I.Paranthamen For Respondents :

Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.)

O R D E R

(Order of the Court was made by M.DURAISWAMY, J.) The petitioner has filed the above writ petition to issue writ of mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the property https://hcservices.ecourts.gov.in/hcservices/

situated at S.Nos.9, 15 and 15/2 classified as Maikkal Poramboke land at Agaram Village, Thiruvallur District, under the occupation of the petitioner without following due process of law.

2.It is the contention of the petitioner that the second respondent had erected a board wherein it has been stated that the land belongs to the Government and the encroachments would be dealt with in accordance with law.

3.Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.), taking notice on behalf of the respondents, submitted that the second respondent has already made it clear that action will be initiated against the encroachers only after following due process of law. Therefore, the petitioner would be removed from the encroached land only after following due process of law. 4.Recording the submissions made by the learned Government Pleader (i/c.) to the effect that the respondents would evict the petitioner from the encroached land only after following due process of law, we do not find any further direction need be issued to the respondents.

In such view of the matter, the writ petition is disposed of. No costs. Consequently, W.M.P.No.7063 of 2019 is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The District Revenue Officer, Thiruvallur District, Thiruvallur.

3.The Tahsildar, Thiruvallur, Thiruvallur District.

+1cc to Mr.I.Paranthamen, Advocate sr.no.21238 +1cc to Government Pleader sr.no.20909 W.P.No.6221 of 2019 nr 28/03/2019 https://hcservices.ecourts.gov.in/hcservices/