Sarasu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sarasu .. Petitioner Vs 1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Mettur Sub Division, 3.The Tahsildar, 4.The Block Development Officer, 5.The Village Administrative Officer,

6.The Village President, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records pertaining to the impugned eviction notice dated 28.01.2023 passed by the sixth respondent and quash the same.

For the Petitioner : Mr.C.Deepak Kumar For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader for respondent Nos.1 to 3, 5 and 6 : Mr.P.Muthukumar State Government Pleader for respondent No.4

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) Sarasu, wife of Madhaiyan, a resident of Pannapatti Village, Kadayampatti Taluk, Salem District, has filed this writ petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records pertaining to the impugned eviction

notice dated 28.1.2023 passed by the sixth respondent and quash the same.

2. A perusal of the notice dated 28.1.2023 issued by the sixth respondent shows that the lands in Survey Nos.223/3 and 224/3 situate in Pannapatti Village, Kadayampatti Taluk, Salem District, are classified as "water body" and "grave yard" and the petitioner has put up construction over the said lands. Learned counsel for the petitioner did not produce any shred of material to disbelieve the allegation made in the impugned notice. We, therefore, do not find any reason to interfere with the impugned notice dated 28.1.2023 issued by the sixth respondent.

For the foregoing reason, the writ petition is dismissed. There will be no order as to costs. Consequently, W.M.P.Nos.7144 and 7145 of 2023 are closed.

(T.R., ACJ.) (D.B.C., J.) 08.03.2023 Index :

No No sasi

To:

1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Mettur Sub Division, 3.The Tahsildar, 4.The Block Development Officer, 5.The Village Administrative Officer, 6.The Village President,

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) 08.03.2023