U.Janagi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 25-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.18420 OF 2015 and MP.No.1/2015 U.Janagi ...

Petitioner -vs1.The District Collector, Cuddalore District.

2.The Tahsildar, Tittagudi Taluk, Cuddalore District.

3.The Block Development Officer, Nallur Panchayat Union, Cuddalore District.

...

Respondents Writ Petition has been filed praying for issuance of a writ of mandamus, forbearing the respondents, their men, agents or anybody acting through them from in any manner dispossessing and raising any building for "Anganwadi" or any other purpose, in and over her private patta property bearing Survey No.71/1, measuring an extent of 0.3 cents situate in 111, Thirumalalai Agaram revenue village, Pennadam Post, Tittagudi Taluk, Cuddalore District, more fully described in the writ petition.

For petitioner : Mr.R.Veeramani For respondents 1 & 2 : Mr.N.Roofus Abraham, Govt.Advocate.

For respondent 3 : Mr.D.Suriya Narayanan

O R D E R

By consent, the Writ Petition is taken up for disposal.

2. The petitioner claims to have purchased 0.3 cents of land in Survey No.71/1, situate in No.111, Thirumalalai Agaram revenue village, Pennadam Post, Tittagudi Taluk, Cuddalore District, through a registered sale deed, 28.08.1985, vide document No.1052 of 1985, on the file of Sub-Registrar, Pennadam, and continues to remain in possession and enjoyment of the same. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner would further state that respondents 1 to 3, taking advantage of the house site being kept vacant, marked it as the Government property, and also stated that they are going to put up a structure for "Anganwadi" building in the said site. The petitioner, apprehending dispossession of the said property, submitted a representation to the respondents on 22.06.2015 and, since she has not been favoured with any response, has come forward to file this Writ Petition.

4. Mr.R.Veeramani, learned counsel for the petitioner, would submit that though the petitioner submitted a representation only on 22.06.2015, the fact remains that she is a widow and apprehending threat and imminent dispossession, prays for appropriate orders.

5. This Court heard the submissions of Mr.N.Roofus Abraham, learned Government Advodate, who accepted notice on behalf of respondents 1 and 2; and Mr.D.Suriya Narayanan, learned counsel, on behalf of third respondent.

6. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances of the case, directs respondents 2 and 3 to consider the representation of the petitioner, dated 22.06.2015, in accordance with law, and pass orders within a period of eight weeks from the date of receipt of a copy of this order, and communicate the decision taken to the petitioner and till then, both parties shall maintain status quo, as exists today.

7. Writ Petition is disposed of accordingly. No costs. Consequently, the connected M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The District Collector, Cuddalore District. 2.The Tahsildar, Tittagudi Taluk, Cuddalore District.

3.The Block Development Officer, Nallur Panchayat Union, Cuddalore District.

+1 cc to Government Pleader, SR.31468 +1 cc to Mr.R.Veeramani, Advocate,SR.31494 +1 cc to Mr.D.Suriyanarayanan, Advocate,SR.31582. Rv(co) krd 7/7 W.P.Nos.18420/2015 https://hcservices.ecourts.gov.in/hcservices/