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Madras High CourtWP/34158/2015disposed of

Pappa v. The District Collector,

2021-09-13Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.34158 OF 2015 AND M.P.NO.1 OF 2015 Pappa ... Petitioner .Vs.

1. The District Collector, Salem, Salem District - 636001

2. The Project Director, District Rural Development, Salem - 636001, Salem District.

3. The Chief Executive Engineer, Panchayat Division, Omalur S.O.

Pin - 636455, Salem District.

4. The Executive Engineer, Panchayat Administration, Kadayampatti S.O., Pin - 636351, Salem District.

5. The Block Development Officer, Kadayampatti Union, Pin - 636 351, Salem District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents not to interfere with the possession and enjoyment of the petitioner land in S.Nos.436 and 449 to an extent of 75 cents at Ulcombai, Palamedu, Tenshpettai village, Omalur Taluk, Salem

District without following due process of law by considering the petitioner representations dated 21.9.2015 and 23.9.2015. For Petitioner : Mr.M.Elango For Respondents : Mr.Stalin Abhimanyu (R1& R2) Government Advocate Mr.P.Sanjay Gandhi (R5)

ORDER

Apprehending that the petitioner's land in S.Nos.436 and 449 situated at Tenishpetti village, Omalur Taluk, would be encroached by the respondents, while re-aligning the road which runs from four roads of Palamedu to Ulcombai Adivaram, she made representations dated 21.09.2015 and 23.09.2015 to the respondents not to interfere with her peaceful possession and enjoyment of the said land, without following due process of law. Finding no response on the same, the petitioner has come up with this writ petition seeking appropriate direction to the respondents in this regard.

2. Today, when the matter was taken up for consideration, the learned counsel for the respondents submitted that there is no threat or interference with the petitioner's possession and enjoyment of the petitioner's land as of now.

3. Recording the submission so made by the learned counsel for the respondents, this writ petition stands disposed of, directing the respondents to act in accordance with law, before initiating any proceedings. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msr To 1.

The District Collector, Salem, Salem District - 636001.

2.

The Project Director, District Rural Development, Salem - 636001, Salem District.

3.

The Chief Executive Engineer, Panchayat Division, Omalur S.O.

Pin - 636 455, Salem District.

4.

The Executive Engineer, Panchayat Administration, Kadayampatti S.O.

Pin - 636351, Salem District.

5.

The Block Development Officer, Kadayampatti Union, Pin - 636 351, Salem District.

+1cc to the Government Pleader, S.R.No.46531 W.P.NO.34158 OF 2015 NMI(CO) PBS/12/10/2021