A. Sivaji v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2016
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.2455 of 2014 and M.P.No.1 of 2014 A.Sivaji ... Petitioner Vs.
1.
The District Collector Thiruvannamalai District.
2.
The Revenue Divisional Officer Thiruvannamalai Thiruvannamalai District.
3.
The Tahsildar Polur Taluk Thiruvannamalai Thiruvannamalai District.
... Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus, forbearing the respondents, their men, officials, employees, agents or servants from in any manner dispossessing the petitioner from the land comprised in Survey No.38/2 measuring an extent of 3 cents in Rayankuppam Village, Polur Taluk, Thiruvannamalai District without following the due process of law.
For Petitioner : Mr.I.Paranthamen No appearance For Respondents : Mr.P.Karthikeyan Government Advocate
ORDER
There is no representation on behalf of the petitioner.
2. Heard the learned counsel appearing on behalf of the respondents.
3.
This writ petition has been filed praying that this Court may be pleased to issue a WRIT OF MANDAMUS, forbearing the respondents, their men and agents from, in any manner, dispossessing the petitioner from the land, comprised in Survey https://hcservices.ecourts.gov.in/hcservices/
No.38/2, measuring an extent of 3 cents, in Rayankuppam Village, Polur Taluk, Thiruvannamalai District, without following the due process of law.
4. The petitioner had stated that he is a permanent resident of Rayankuppam Village for the past several years. He is in occupation of 3 cents of land, in Survey No.38/2, in Rayankuppam Village, classified as a Gramanatham in the revenue records. The petitioner has been in possession and enjoyment of the said land, for a long time. He has also been provided with Family Card, Voters Identity Card, etc.
However, the respondents are attempting to evict him from the said land, without following the due process of law.
5. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents, based on the instructions, had submitted that the respondents would not evict the petitioner from the land in question, without following the relevant provisions of the Tamil Nadu Land Encroachment Act, 1905.
6. In view of the said submission made by the learned counsel appearing on behalf of the respondents, this Court is of the view that no further orders are necessary in the present writ petition. Accordingly, the writ petition stands closed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vj2 To 1.
The District Collector Thiruvannamalai District.
2.
The Revenue Divisional Officer Thiruvannamalai Thiruvannamalai District.
3.
The Tahsildar Polur Taluk Thiruvannamalai Thiruvannamalai District.
+1cc to the Government Pleader, S.R.No.39995 W.P.No.2455 of 2014 SV(CO) CA(01/08/2016) https://hcservices.ecourts.gov.in/hcservices/