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Madras High CourtWP/11288/2020disposed of

S.Vijayakumar v. The District Collector

2022-01-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.11288 of 2020 and WMP.No.13760 of 2020 S.Vijayakumar ...

Petitioner Vs 1.The District Collector, Salem, 2.The Scheme Director, District Rural Development Camp, Salem, 3.The Rural Development Officer(Panchayats), Salem, 4.The Block Development Officer, Omalur Union, 5.The Tahsildar, Taluk Office, ...

Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 not to evict the petitioner from his land in S.No.153/11 an extent of 1867.83 sq.ft. situated at Palbakki Village, Omalur Taluk without following the due process of law.

For Petitioner : Mr.M.Elango For Respondents : Mr.G.Ameedius, Government Advocate

ORDER

This writ petition is filed for direction directing the respondents 1 to 4 not to evict the petitioner from his land comprised in S.No.153/11 to an extent of 1867.83 sq.ft. situated at Palbakki Village, Omalur Taluk without following the due process of law.

2. The case of the petitioner is that the land comprised in survey No.153/11 to an extent of 1867.83 sq.ft. situated at Palbakki Village, Omalur Taluk classified as natham land is in possession and enjoyment of the petitioner for the past several years. The petitioner's predecessor was issued patta under patta No.460 on 15.04.2016. While being so, on 25.06.2020 the third respondent came to subject land and informed that in the subject land, it was proposed to be constructed a school building and therefore directed the petitioner to vacate and hand over the vacant possession, without following due process of law. Even assuming that the petitioner is an encroacher, the respondents ought to have followed the due process of law to evict the petitioner from the subject property.

3. Considering the above, the respondents are directed not to evict the petitioner from the land comprised in S.No.153/11 to an extent of 1867.83 sq.ft. situated at Palbakki Village, Omalur Taluk without following due process of law.

4. With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar (CS VIII) /true copy/ Sub Assistant Registrar lok To 1.The District Collector, Salem, 2.The Scheme Director, District Rural Development Camp, Salem, 3.The Rural Development Officer(Panchayats), Salem, 4.The Block Development Officer, Omalur Union,

5.The Tahsildar, Taluk Office, +1cc to Mr.Elango, Advocate Sr.2541 +1cc to Government Pleader, Sr.No.3066 WP.No.11288 of 2020 PMK(CO) KM(01/02/2022)