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Madras High CourtWP/7101/2023dismissed

P.Gunasundari v. The District Collector

2023-03-07Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.7101 of 2023 P.Gunasundari ..

Petitioner Vs.

1. The District Collector Chengalpet District Chengalpet 603 001.

2. The Revenue Divisional Officer VOC Nagar, Chengalpet District Chengalpet 603 001.

3. The District Revenue Officer Chengalpet District Chengalpet 603 001.

4. The Tahsildar Vandalur Taluk Otteri, Vandalur Chennai 48.

5. The Block Development Officer Kattankulathur Chengalpet District.

..

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus forbearing the respondents 4 and 5 from forcibly evicting the petitioner from her lands in S.No.98/11, Plot No.7 to the extent of 1912 sq.ft. in Village No.25 Murugamangalam within the limits of Kattankulathur Panchayat Union (Now Chengalpet Taluk), Kancheepuram.

For the Petitioner : Mr.M.Gnanasekar For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondents 1 to 4 Mr.P.Muthukumar State Government Pleader for Respondent-5

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed to forbear the respondents 4 and 5 from forcibly evicting the petitioner from her lands in S.No.98/11, Plot No.7 to the extent of 1912 sq.ft. in Village No.25 Murugamangalam within the limits of Kattankulathur Panchayat Union, now Chengalpet Taluk, Kancheepuram.

2. According to the petitioner, she has constructed a house in the land in question, which was purchased by his brother and later, settled in her favour, after obtaining planning permission from the Panchayat. The brother of the petitioner has been issued with patta by the Tahsildar of Vandalur and his name has also been entered in A Register. On 18.02.2023, the officials of the fourth respondent informed her that the construction was made in the waterbody and that they would evict the persons occupying the lands in S.No.319, Nallankupakkam Village. Hence, her brother made a representation on 20.02.2023 to the first respondent to take action against the respondents 4 and 5 for proposing to evict them and thereafter, has come up with this writ petition.

3. The petitioner has not produced any document or notice issued by the fourth respondent to show that the fourth respondent is attempting to evict her from the land in question. Without any material to substantiate the above contention, the writ petition cannot be entertained.

4. In view of the above, the writ petition fails and the same is dismissed. There will be no order as to costs. Consequently, WMP No.7178 of 2023 is also dismissed.

(T.R., ACJ.) (D.B.C., J.) 07.03.2023 Index : Yes/No : Yes/No kpl To

1. The District Collector Chengalpet District Chengalpet 603 001.

2. The Revenue Divisional Officer VOC Nagar, Chengalpet District Chengalpet 603 001.

3. The District Revenue Officer Chengalpet District Chengalpet 603 001.

4. The Tahsildar Vandalur Taluk Otteri, Vandalur, Chennai 48.

5. The Block Development Officer Kattankulathur, Chengalpet District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 07.03.2023