C.Jones v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD C.Jones ..

Petitioner Vs.

1. The District Collector Vellore District, Vellore.

2. The Revenue Divisional Officer Vellore Division, Vellore District.

3. The Tahsildar Katpadi Taluk, Vellore District Vellore.

4. The Block Development Officer Katpadi Panchayat Union, Katpadi Vellore District.

5. The Panchayat President Serkadu Panchayat Katpadi Panchayat Union Katpadi, Vellore District.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, Directing the respondents 3 and 5 not to evict the petitioner from the land in Survey No.517/2 measuring an extent of 0.34.5 Ares (50 Cents) situated at Serkadu Village, Katpadi Taluk, Vellore District without following due process of Law. For the Petitioner : Mr.R.Govindasamy For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Govindasamy, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for respondent Nos.1 to 4.

2. Learned counsel for the petitioner submits that the respondents may be restrained from evicting the petitioner without following due process of law.

3. There is no document placed on record to conclude about the possession of the petitioner and/or the length of the possession of the petitioner of the subject writ property.

4. Learned counsel for the petitioner submits that the petitioner is cultivating on the said land since many decades.

5. In the absence of any documents, it will not be possible to pass any orders. If the petitioner has given any representation/application, the authority shall decide the said representation/application on its own merits and in accordance with law, preferably within four months.

6. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.12902 of 2024 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 29.04.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Vellore District, Vellore.

2. The Revenue Divisional Officer Vellore Division, Vellore District.

3. The Tahsildar Katpadi Taluk, Vellore District Vellore.

4. The Block Development Officer Katpadi Panchayat Union, Katpadi Vellore District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 29.04.2024