M.Selvaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022 CORAM :

THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI W.P. No.10516 of 2022 and W.M.P. No.10204 of 2022 M. Selvaraj .. Petitioner v.

1. The District Collector, Collectorate Buildings, Tiruppur.

2. The Revenue Divisional Officer, Udumalpet, Tiruppur District.

3. The Tahsildhar, Udumalpet, Tiruppur District.

4. The Revenue Inspector, Vallavadi, Tiruppur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents or their mens, agents or servants or any other person claiming under them from in any way interfering with the peaceful possession and enjoyment of the property of the petitioner bearing S.F.No.16/A2B to an extent of 1.28.0 hectares, S.F.No.16/B to an extent of 0.82 acres in all total extent of 2.10.0 hectares situates at Chinna Valavadi Village, Udumalpet Taluk, Tirupur District.

For Petitioner : Mr.N.Umapathy, For Respondents : Mr. P. Muthukumar, Govt. Pleader

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, forbearing the respondents from in any way interfering with the peaceful possession and enjoyment of the property of the petitioner bearing https://hcservices.ecourts.gov.in/hcservices/

S.F.No.16/A2B to an extent of 1.28.0 hectares, S.F.No.16/B to an extent of 0.82 acres in all total extent of 2.10.0 hectares situates at Chinna Valavadi Village, Udumalpet Taluk, Tirupur District.

2. It is the apprehension of the petitioner that the respondents are taking steps to evict the petitioner from the lands in question without issuing any notice to him.

3. Mr. P. Muthukumar, learned Government Pleader, taking notice for the respondents submitted in the event of the respondents finding that the petitioner had encroached the lands in S.F.Nos.16/A2B and 16/B, the encroachment would be removed by following the provisions of the Act.

4. Mr.N.Umapathy, learned counsel appearing for the petitioner submitted that the submission made by the learned Government Pleader may be recorded and the writ Petition may be closed.

5. Having regard to the submissions made by the learned counsel on either side, recording the submissions made by the learned Government Pleader to the effect that if the authorities find any encroachments in the land in S.F.Nos.16/A2B and 16/B, the said encroachments would be removed following the due process of law.

With the above observations, the Writ Petition stands closed. No costs. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Rj To

1. The District Collector, Collectorate Buildings,Tiruppur.

2. The Revenue Divisional Officer, Udumalpet,Tiruppur District.

3. The Tahsildhar, Udumalpet,Tiruppur District.

4. The Revenue Inspector, Vallavadi,Tiruppur District.

+1 cc to Mr.N.Umapathi, Advocate Sr.NO. 28088 +1 cc to Government Pleader Sr.NO. 28177 W.P. No.10516 of 2022 and W.M.P. No.10204 of 2022 MT(CO) A.SK(05/05/2022) https://hcservices.ecourts.gov.in/hcservices/