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Madras High CourtWP/7270/2013disposed of

M.Shanmuganathan, v. The District Collector

2018-10-30Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2018

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.Nos. 7270 to 7273 of 2013 M.P.No.1 of 2013

1. M.Shanmuganarthan .. Petitioner in WP 7270/13

2. M.Rajamanickam .. Petitioner in WP 7271/13

3. R.Amaravathy .. Petitioner in WP 7272/13

4. G.Valli .. Petitioner in WP 7273/13 Vs 1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional officer, Virudhachalam Division, Virudhachalam Taluk, Cuddalore District.

3.The Tahsildar, Virudhachalam Taluk, Cuddalore Taluk.

4.The Chairman, Virudhachalam Panchayat Union, Virudhachalam, Cuddalore District.

5.The President, T.Gopurapuram Panchayat, Virudhachalam Taluk, Cuddalore District.

.. Respondents in all WPs COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents herein, their men and subordinates or any other persons authorized by them from interfering with the peaceful possession of the petitioner of the land to an extent of 2 cents comprised in Old Survey NO.105/1, New Survey Nos.169/15,169/14,169/18 and 169/19 situated at T.Gopurapuram Village, Virudhachalam Taluk, Cuddalore District, without following the due process of law.

For Petitioners 1-4 : Mr.G.Punniyakotti For Respondents : Mr.R.S.Selvam Government Advocate for R1 to R3 COMMON ORDER The relief sought for in the present writ petitions are to forbear the respondents, their men and subordinates or any other persons authorized by them from interfering with the peaceful possession of the petitioners of the land each to an extent of 2 cents comprised in Old Survey NO.105/1, New Survey Nos. 169/15,169/14,169/18 and 169/19 situated at T.Gopurapuram Village, Virudhachalam Taluk, Cuddalore District, without following the due process of law.

2. The Learned Government Advocate appearing on behalf of the respondents brought to the notice of this court that during the pendency of the writ petitions, the District Revenue Officer, Cuddalore passed an order after conducting an enquiry in proceeding dated 27.02.2014. As per the order, the issues were remanded back to the Revenue Divisional Officer, Virudhachalam Taluk to conduct an enquiry and pass orders on merits and in accordance with law. In view of the order passed by the District Revenue Officer, the Revenue Divisional Officer, Virudhachalam is bound to conduct an enquiry by affording reasonable opportunity to all the parties concerned and decide the matter on merits and in accordance with law, within a reasonable period of time.

3. With these observations the writ petitions stands disposed of. However, there shall be no order as to costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar jas/pkn To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional officer, Virudhachalam Division, Virudhachalam Taluk, Cuddalore District.

3.The Tahsildar, Virudhachalam Taluk, Cuddalore Taluk +4 cc's to M/s.D.Suriya Narayanan, Advocate Sr.No.75221 to 75224 +1 cc to The Government Pleader, Sr.No.74888 W.P.Nos. 7270 to 7273 of 2013 RSI(CO) CSL/29.11.2018