K.Chinnandi, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.No.14927 of 2017 and W.M.P.No.16167 of 2017 K.Chinnandi .. Petitioner Vs

1. The Principal Secretary, Home Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, Villupuram District.

3. The Superintendent of Police, The Superintendent Office, Villupuram District.

4. The Tahsildar, Chinnasalem & Taluk, Villupuram District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to direct the respondents to consider the petitioner representation dated 06.06.2017 and directing the respondents refrain from evicting the petitioner from the premises comprised in survey No.100/4 in Mavadipattu Village, Chinnasalem Taluk, except under due process of law. For Petitioner : Mr.V.R.Kamalanathan For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

Mr.A.N.Thambidurai, learned Special Government Pleader, takes notice for the respondents.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus, directing the respondents to consider the representation dated 06.06.2017 and forbearing the respondents from evicting the petitioner from the premises comprising the survey No.100/4 in Mavadipattu Village, Chinnasalem Taluk, except under due process of law.

4. The learned counsel appearing for the petitioner submitted that the petitioner is in possession and enjoyment of the house property put up by him by availing loan for a long time and therefore, he should not be evicted from the said house property. Further, the learned counsel submitted that the petitioner's representation dated 06.06.2017 was not considered by the respondents so far.

5. Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents submitted that the land in Survey No.100/4 is a Government porambokku and the petitioner is not residing in the said place, therefore, the respondents are constructing a Police Station in the said land. Further, the learned Special Government Pleader submitted that in the "A" Register, land has been mentioned as "Tharisu". He also submitted that the 2nd respondent may be directed to inform the present position to the petitioner, within a time frame.

6. In view of the submissions made by the learned counsel on either side, I direct the 2nd respondent to consider the petitioner's representation dated 06.06.2017 and inform him about the status of the land and the present position, within a period of four weeks from the date of receipt of a copy of this order.

With the above observation, the writ petition is disposed of . No costs.

Consequently, the connected miscellaneous petition is also closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar gsa To

1. The Principal Secretary, Home Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, Villupuram District.

3. The Superintendent of Police, The Superintendent Office, Villupuram District.

4. The Tahsildar, Chinnasalem & Taluk, Villupuram District.

+1 CC to Mr.V.R. Kamalanathan, Advocate sr 44628 +1 CC to Govt. Pleader sr 44507 W.P.No.14927 of 2017 CA(CO) sp(04/07/2017)