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Madras High CourtWP/12832/2025disposed of

M.Chinnappan v. The District Collector

2025-04-15Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD and WMP.No.14377 of M.Chinnappan Son of Maruthamuthu, Mela Street, Ramalingapuram Village, Alathur Taluk, Perambalur 621653.

Petitioner(s) Vs 1.The District Collector, District Collector Office, Perambalur District 2.Block Development Officer, Alathur Union Alathur Talk, Perambalur District.

3.Village President, Ramalingapuram Panchayat, Ramalingapuram Village, Alathur Taluk, Perambalur District.

Respondent(s) 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 1 st respondent to consider the representation of the petitioner dated 26.10.2024 and to restore the possession of the property situated at Ramalingapuram Village, Alathur Taluk, Perambalur District comprised in Natham S.No.547/1 of an extent of 1680 sq.ft. from out of 720 sq. meter and thereby direct the Tahsildar of Alathur to remove the fencing and to pass appropriate orders within a time frame fixed by this Honourable Court and pass such further orders.

For Petitioner:

M/s.N.Gowri For Respondents:

Mrs.R.L.Karthika, Government Advocate

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 26.10.2024 and to restore the possession of the property situated at Ramalingapuram village, Alathur Taluk, Perambalur district, comprising Natham S. No. 547/1 of an extent of 1680 sq. ft. from out of 720 sq. meter and thereby direct the Tahsildar of Alathur to remove the fencing.

2. The petitioner is in long-standing possession and enjoyment of properties situated in S.No.547/5 and S.No.547/50 of Ramalingapuram Village, 2/6

Alathur Panchayat Union, Perambalur District, classified as "Natham" lands. A small RCC house, cattle shed, and tin sheet structure have been put up on the property, which has been used for residence, agricultural storage, and access. The petitioner's family has enjoyed this property for decades, and the petitioner holds an electricity service connection and has paid property tax. The land in front (S.No.547/1) has also been used for ingress, egress and livelihood.

3. Learned counsel appearing for the petitioner submits that the third respondent, a relative and Panchayat President, due to personal enmity, unlawfully entered the premises on 30.08.2024 along with police officials, demolished the cattle shed and tin roof, and removed paddy stock without authority or notice, violating principles of natural justice. He submits that despite the pendency of the civil suit (O.S.No.120 of 2024) for injunction and a legal notice issued on 04.09.2024, the third respondent continues to threaten dispossession. He further submits that the petitioner asserts that the property, being "Natham", belongs to the petitioner under settled legal principles and seeks protection of possession through this writ petition. 3/6

4. Learned Government Advocate appearing for the respondents submits that the representation of the petitioner dated 26.10.2024 would be considered on merits, in accordance with law, within a time frame stipulated by this Court.

5. Heard both sides and perused the materials available on record.

6. Without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner dated 26.10.2024 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, to take into consideration all the relevant documents submitted by the petitioner in regard to the subject matter property and pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

In the result, the writ petition stands disposed of with the above observations and direction. No costs. Consequently, connected miscellaneous petition is closed.

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To 1.The District Collector, District Collector Office, Perambalur District 2.Block Development Officer, Alathur Union Alathur Talk, Perambalur District.

3.Village President, Ramalingapuram Panchayat, Ramalingapuram Village, Alathur Taluk, Perambalur District.

J.SATHYA NARAYANA PRASAD J.

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