S.C.Venkatesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.9427 of 2020 and W.M.P.No.11521 of 2020 S.C.Venkatesan, S/o.Chennan @ Chenne Gounder, 3/55 Venkatesan Street, Seeriyanahalli Village & Post, Palacode Taluk, Dharmapuri District.

...Petitioner

.vs.

1. The District Collector, Dharmapuri District, Dharmapuri 636 705.

2. The Tahsildar, Palacode Taluk, Palacode 636 808.

3. The Block Development Officer, Palacode Panchayat Union, Palacode 636 808.

4. The President Bevuhalli Panchayat, Seerianahalli Post, Palacode Taluk, Dharmapuri District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to forebear the respondent respondents 2 to 4 or their officials, subordinates, staff, etc from in any interfering with the possession and enjoyment of the petitioner's patta lands, an extent of 73 cents in Survey Nos.297/3 (48 acres) and 298/1A (21 acres) and 298/1B2 (4 acres) bearing patta Nos.686 and 1173, of Bevuhalli Village, Palacode Taluk, Dharmapuri District, without undergoing the statutory procedures for acquring the same under the Land Acquisition Act.

For Petitioner : Mr.R.Selvakumar For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of Mandamus to forbear the respondents 2 to 4 from in any way interfering with the possession and enjoyment of the subject property belonging to the petitioner unless otherwise by due process of law.

2. The case of the petitioner is that he is the owner of the property measuring an extent of 73 acres at Vevuhalli village, Dharmapuri District. The grievance of the petitioner is that the respondents are trespassing into the property belonging to the petitioner and trying to lay a road.

3. Mr.E.Balamurugan, learned Special Government pleader appearing on the respondent submitted that there is no proposal for acquiring the property belonging to the petitioner and the entire project has been canceled. It was further submitted that an attempt was made to de-silt the near by lake and since, it is not possible to do it immediately, the project was cancelled. The learned Special Government Pleader brought to the notice of this Court the written instructions received by him from the Commissioner of Ellapuram Panchayat Union. It is clearly seen from the instructions that the project itself has been canceled.

4. Recording the submissions of the learned Special Government Pleader, this Writ petition is closed. No cost. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Collector, Dharmapuri District, Dharmapuri 636 705.

2. The Tahsildar, Palacode Taluk, Palacode 636 808.

3. The Block Development Officer, Palacode Panchayat Union, Palacode 636 808.

4. The President Bevuhalli Panchayat, Seerianahalli Post, Palacode Taluk, Dharmapuri District.

+1 cc to M/s.R.Selvakumar, Advocate Sr.No.27159 +1 cc to the Government Pleader, Sr.No.27269 W.P No.9427 of 2020 and W.M.P.No.11521 of 2020 cp(co) rr ii (11/09/2020)