Murali Seethapppa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.10396 of 2022 And W.M.P.No.10116 of 2022 1.Murali Seethappa 2.Sivasundaram ... Petitioners Vs.

1. The District Collector, Krishnagiri.

2. The Tasildhar, Denkanikkottai Taluk, Krishnagiri District - 635 109.

3. The Revenue Divisional Officer, Hosur.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the respondents from interfering with the possession of the petitioners in respect to their holdings in S.No. survey Nos.132/2, 266/13, 267/2, 267/4, 224/5, 224/8, 226/3, 226/1, 267/3 (belonging to the first Petitioner) and in Survey No.82/2C1 and 82/2C2 (belonging to the second Petitioner), situated in Denkanikottai, Krishnagiri District, except otherwise in accordance with law.

For Petitioners :

Mr.V.Raghavachari For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The petitioners have filed this writ petition seeking issuance of Writ of Mandamus to forbear the respondents from interfering with the possession of the petitioners in respect to

their holdings in S.Nos.132/2, 266/13, 267/2, 267/4, 224/5, 224/8, 226/3, 226/1, 267/3 (belonging to the first petitioner) and in S.Nos.82/2C1 and 82/2C2 (belonging to the second petitioner), situated in Denkanikottai, Krishnagiri District, except otherwise in accordance with law.

2.The learned counsel appearing for the petitioners submitted that the petitioners are the owners of the respective subject properties, however, the respondents without due process of law, entered the properties and tried to measure the properties.

3.The learned Special Government Pleader appearing for the respondents submitted that for the purpose of acquisition, preliminary work was carried out by the respondents under Section 22 of the Tamil Nadu Survey and Boundaries Act, however, the petitioners possession of the properties will not be deprived without due process of law.

4.Recording the submissions made by the learned Special Government Pleader appearing for the respondents, this writ petition is disposed of with direction to the respondents not to interfere with the petitioners possession and enjoyment of the properties without due process of law.

5.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar pri To

1. The District Collector, Krishnagiri.

2. The Tasildhar, Denkanikkottai Taluk, Krishnagiri District - 635 109.

3. The Revenue Divisional Officer, Hosur.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.30258 +1cc to the Government Pleader, S.R.No.31058 W.P.No.10396 of 2022 And W.M.P.No.10116 of 2022 RK(CO) SU(16/05/2022)