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Madras High CourtWP/12102/2022disposed of

C.Ravi v. The District Collector

2024-07-29Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.No.11535 of 2022 C. Ravi

...Petitioner

Vs

1. The District Collector, Collectorate, GST Road, Chengalpattu 603 001.

2. The Revenue Divisional Officer, Taluk Office Complex, 1st Floor, GST Road, Tambaram West, Opp to MEPZ, Kadaperi Village, Tambaram, Chennai 600 045.

3. The Tahsildar Pallavaram Taluk, Kanni Koil Street, Aishwaraya Nagar Phase II Kurinji Nagar Chrompet, Chennai 600 044

4. The Block Development Officer, St. Thomas Mount, no.1, Chitlapakam 1st Main Road, near Chrompet Bridge, Chitlapakkam, Chennai 600 064

5. The President Pozhichalur Panchyayat Union, Prem Nagar, Pozhichalur, Chennai 600 074.

...Respondents

1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 3 to 5 their men, agents, servants of any one claiming under them, from in any manner, disturbing or interfering with the petitioner's peaceful possession and enjoyment of the properties bearing Door No.4/232, Mariamman Koil Street, Pozhichalur, Chennai 600074 comprised in Survey Nos. 310/2, Old Survey No.17/2 without following the due process of law and pass orders.

For Petitioner : Mr. C. Seethapathy For Respondents 1 to 4 : Mr.P. Gurunathan Additional Government Pleader For Respondent-5 : Mrs.P.Rajeswari

ORDER

The petitioner has filed this petition to forbear the respondents 3 to 5 their men, agents, servants of any one claiming under them, from in any manner, disturbing or interfering with the petitioner's peaceful possession and enjoyment of the properties bearing Door No.4/232, Mariamman Koil Street, Pozhichalur, Chennai 600074 comprised in Survey Nos. 310/2, Old Survey No.17/2 without following the due process of law

2. Today, when the matter is taken up for hearing the learned Additional Government Pleader produced a letter of the Tahsildar dated 2/5

26.07.2024 in Na.Ka.No.2696/2024/A2 wherein, it was stated that the petitioner is the owner of the subject property. 3.On a perusal of the letter sent by the Thasildhar, Pallavaram Taluk, it is seen that the respondent themselves admitted that the subject property belongs to the petitioner. Therefore, it is made clear there is no hindrance for the petitioner in enjoying his property and the undertaking given by the respondent is recorded. The respondents are directed to take appropriate measure in future if they want to acquire the land of the petitioner.

4. With the above observations, this Writ Petition is disposed. No costs. Consequently the connected miscellaneous petition is closed. 29.07.2024 Index:Yes/No Speaking order/Non-speaking order smn 3/5

To

2. The Revenue Divisional Officer, Taluk Office Complex, 1st Floor, GST Road, Tambaram West, Opp to MEPZ, Kadaperi Village, Tambaram, Chennai 600 045.

3. The Tahsildar Pallavaram Taluk, Kanni Koil Street, Aishwaraya Nagar Phase II Kurinji Nagar Chrompet, Chennai 600 044

4. The Block Development Officer, St. Thomas Mount, no.1, Chitlapakam 1st Main Road, near Chrompet Bridge, Chitlapakkam, Chennai 600 064

5. The President Pozhichalur Panchyayat Union, Prem Nagar, Pozhichalur, Chennai 600 074.

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V.BHAVANI SUBBAROYAN,J.

smn and W.M.P.No.11535 of 2022 29.07.2024 5/5