Seeni @ Srinivasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.10981 of 2023 Seeni @ Srinivasan ..

Petitioner Vs.

1. The District Collector Salem District Salem.

2. The Revenue Divisional Officer Omalur Salem District.

3. The Tahsildar Omalur Taluk Salem District.

4. The Revenue Inspector Omalur Salem District.

..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the third and fourth respondent to consider the petitioner's explanation dated 15.03.2023

and subsequently, not to disturb the petitioner and his family members from peaceful possession and enjoyment of the property comprised in S.No.44/9 at Kaamalapuram Village, Omalur Taluk, Salem District. For the Petitioner : Mr.C.Deepak Kumar For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the third and fourth respondents to consider his explanation dated 15.03.2023 and not to disturb his peaceful possession and enjoyment of the property in S.No.44/9 at Kaamalapuram Village, Omalur Taluk, Salem District.

2. The petitioner, a physically challenged person, and his family members are residing in the land in question of an extent of 0.0028.0 sq.m., which is classified as Tharisu poramboke land in the revenue records, for more than 40 years, by clearing the thorns and bushes and levelling the ups and downs in the land. He has obtained electricity connection and paying the charges regularly. He has also obtained

family card, voter id, Aadhar card. As patta has not been issued to the said land, the petitioner and his family members were seeking patta from the respondents.

3. On 11.03.2023, a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued to the petitioner. The petitioner submitted his explanation to the respondents 3 and 4 on 15.03.2023. Thereafter, the petitioner has been directed to vacate the house by the fourth respondent and his officials. Hence, this writ petition.

4. Learned State Government Pleader, placing on record the status report of the third respondent, submitted that the land in question is classified as Tharisu and that the petitioner is also owning lands. However, he submitted that the third respondent will consider the explanation given by the petitioner on 15.03.2023 and pass appropriate orders.

5. In view of the above submission, this writ petition is disposed

of directing the third respondent to consider the explanation given by the petitioner on 15.03.2023 and pass appropriate orders, on merits and in accordance with law, on the basis of the documents enclosed with the explanation or which may be produced by the petitioner , within a period of two weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 12.04.2023 Index : Yes/No : Yes/No kpl To

1. The District Collector Salem District, Salem.

2. The Revenue Divisional Officer Omalur, Salem District.

3. The Tahsildar Omalur Taluk, Salem District.

4. The Revenue Inspector Omalur, Salem District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 12.04.2023