Madras High CourtWP/35214/2013disposed of

Mr. P.Subramaniam v. The District Collector

2025-03-24Honourable Mr Justice N. Anand Venkatesh7 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Mr.P.Subramaniam Petitioner in both W.Ps Vs 1.The District Collector, Thiruppur District, Thiruppur.

2.The Executive Engineer, Public Works Department, PAP Ayacut Extension Division V, Udumalpet, Thiruppur District.

3.The Tahsildar, Dharapuram Taluk, Dharapuram, Thiruppur District.

Respondents in W.P.No.35214 of 2013 1.The District Collector, Thiruppur District, Thiruppur.

2/7 2.The Executive Engineer, Public Works Department/PAP, Thirumoorthy Division, Udumalpet, Thiruppur District 642 126 3.The Tahsildar, Dharapuram Taluk, Dharapuram, Thiruppur District.

4.Kathirvel Respondents in W.P.No.9445 of 2014 PRAYER in W.P.No.35214 of 2013 Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the Respondents herein their men, agents or subordinates from in any way dispossessing the Petitioner from any part of his agricultural Patta lands comprised in Old Survey No.272 part, New Survey No.59 situated in Govindapuram Village, Dharapuram Taluk, Tiruppur District except under due process of law.

PRAYER in W.P.No.9445 of 2014 Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for entire records relating to impugned Proceedings in No.VaPa/ EVAA/ Ko.30/ 59M/2014 dated 24.2.2014 of the 2nd respondent and quash the same as illegal and non-est in law and consequently forbear the respondents herein, their men, agents or subordinates from in any way dispossessing the petitioners from any

3/7 part of their agricultural Patta lands comprised in Old Survey No.272 part, New Survey No.59 situated in Govindapuram Village, Dharapuram Taluk, Thiruppur District except under due process of law For Petitioner(s):

Mr.Ma.Pa.Thangavel For Respondent(s):

Mr.A.Selvendran Special Government Pleader for R1 to R3 in both Writ Petitions Mr.V.Elangovan for R4 in W.P.No.9445 of 2014

ORDER

These writ petitions have been filed challenging the impugned proceedings of the 2 nd respondent dated 24.02.2014 and for a consequential direction to the respondents not to interfere with the possession and enjoyment of the property except under due process of law. 2.Heard Mr.Ma.Pa.Thangavel, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1 to 3 and Mr.V.Elangovan, learned counsel appearing on behalf of the 4 th respondent in W.P.No.9445 of 2014.

4/7 3.The 2 nd respondent has filed a counter affidavit. In the counter affidavit, it has been stated that one Kathirvel approached this Court and filed W.P.No.230 of 2011, wherein, he had sought for restoration of his land in New S.F.No.57 (Old S.F.No.272). An order was passed in the writ petition and since the same was not complied with, a contempt petition was filed in Cont.P.No.945 of 2012. When the contempt petition came up for hearing on 13.02.2014, this Court directed the Executive Engineer of Public Works Department to give adequate protection through police and revenue authorities to form Field boothies. Aggrieved by the said direction, an appeal came to be filed in W.A.No.1388 of 2014. This Writ Appeal was dismissed by an order dated 10.07.2023. 4.

Initially, these writ petitions along with the connected writ petition was directed to be listed along with the Writ Appeal. Now that, an order is passed in the Writ Appeal on 10.07.2023, it is brought to the notice of this Court that already steps have been taken to construct the Field boothies. Hence, no further orders are required to be passed in these writ petitions.

5/7 5.Accordingly, both these writ petitions are disposed of. No Costs. 24-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

6/7 To 1.The District Collector, Thiruppur District, Thiruppur.

2.The Executive Engineer, Public Works Department, PAP Ayacut Extension Division V, Udumalpet, Thiruppur District.

3.The Executive Engineer, Public Works Department/PAP, Thirumoorthy Division, Udumalpet, Thiruppur District 642 126 4.The Tahsildar, Dharapuram Taluk, Dharapuram, Thiruppur District.

7/7 N.ANAND VENKATESH J.

ssr 24-03-2025