← Library
Madras High CourtWP/22183/2015disposed of

A.Vasanthi v. The District Collector

2015-10-08Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mrs.JUSTICE PUSHPA SATHYANARAYANA W.P. No.22183 of 2015 1 A.Vasanthi 2 R.Mala 3 M.Thondar Geetham 4 L.Panneer Selvam 5 A.Baskar 6 R.Valliyammai 7 K.Saravanan 8 P.Chandira 9 P.Ramesh 10 M.Loganathan 11 V.Ramar 12 D.Saraswathi 13 M.D.Venkatesan 14 M.Kumar 15 R.Baby 16 R.Ekambaram 17 K.Vijayalakshmi 18 A.Charles 19 J.Amaladoss 20 E.Vasantha 21 Parvathy 22 P.Amsaveni 23 N.Sundar 24 L.Kamala Mary 25 P.Jagadeesan 26 S.Devaraj 27 S.Prabakaran 28 K.Krishnaveni 29 G.Munusamy 30 A.Chinna Ponnu

...Petitioners

Versus

1. The District Collector, Thiruvallur District at Thiruvallur.

2. The Tahsildar, Ambattur Taluk,

3. The Chief Engineer, Chennai Region Water Resource Organization, Public Works Department, Chennai

4. The Executive Engineer, Public Works Department,

5. The Assistant Engineer Public Works Department, Redhills

6. The Junior Engineer Public Works Department, Redhills

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, for a writ of mandamus, forbearing the respondents from evicting or interfering or disturbing with the peaceful possession and enjoyment of the petitioners residential property situated in Survey No.1, Bharath Nagar Extension, Survey No.2, Bharath Nagar Extension, Survey No.4, Sabari Iyyappan Nagar, Menambedu Village, Ambattur, Chennai - 600 053, Thiruvallur District except by due process of law.

For Petitioners : Mr.A.Rajeshkanna For Respondents : Mr.V.R.Kamalanathan AGP

O R D E R

(Judgment of Court was made by The Honourable Chief Justice) The petition has been filed seeking a writ of mandamus forbearing the respondents from evicting or interfering with the peaceful possession and enjoyment of the residential properties of the petitioners situated in S.No.1, Bharath Nagar Extension, S.No.2, Bharath Nagar Extension, S.No.4, Sabari Iyyappan Nagar, Menambedu Village, Ambattur, Chennai 600 053, Thiruvallur District, excepting by due process of law.

2. The counter affidavit filed by the respondent in court today states that the lands in question are Eri Ulvai and Sarkar Poramboke and objectionable water course lands have been used and thus there is no question of grant of patta in these cases.

3. Insofar as any action for eviction is concerned, learned counsel states that keeping in mind the nature of the area is of water body, action in accordance with law only will be taken, in case of eviction of petitioners.

4. The aforesaid statement is taken on record.

5. The writ petition accordingly stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ksr To

1. The District Collector, Thiruvallur District at Thiruvallur.

2. The Tahsildar, Ambattur Taluk,

3. The Chief Engineer, Chennai Region Water Resource Organization, Public Works Department, Chennai

4. The Executive Engineer, Public Works Department,

5. The Assistant Engineer, Public Works Department, Redhills ,

6. The Junior Engineer Public Works Department, Redhills, Thiruvallur District 1 CC to Mr.M.V.Muralidaran, Advocate SR.No. 54865 1 CC to the Government Pleader, SR.No. 54936 W.P. No.22183 of 2015 CA (CO) PSI (26.10.2015)