L.Nagaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 02.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.NOS.13896 AND 13906 OF 2022 L.Nagaraj

...Petitioner in W.P.No.13896/22

Ellammal

...Petitioner in W.P.No.13906/22

Vs.

1.The District Collector Changalpattu District 2.The District Revenue Officer Chengalpattu District 3.The Revenue Divisional Officer Chengalpattu District 4.The Tahsildhar Chengalpattu Taluk Chengalpattu District.

5.The Revenue Inspecor Kattankolathur Firka Chengalpattu Taluk Chengalpattu District.

6.The Village Administrative Officer Ninnakarai Village Chengalpattu Taluk Chengalpattu District.

...Respondent in all WPs

Prayer in Common : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to follow the procedures which is contemplated under the Tamil Nadu Land Encroachment Act, 1905 in respect of removal of the petitioner's property situate in S.No.377/1B of Ninnakarai Village, Situate at Door No.1, 12th

Street, Rajiv Gandhi Nagar, Kattankolathur, Ninnakarai Village, Chengalpattu Taluk, Chengalpattu District.

For Petitioner in all WPs :

Mr.S.Shankar For Respondents :

Mr.J.Ravindran in all WPs Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for respondents 1 to 6 COMMON ORDER (Order was made by M.S.Ramesh,J) On the mere apprehension that the respondents would not adhere to the procedure contemplated under the Tamil Nadu Land Encroachment Act, 1905 before initiating eviction proceedings, the present writ petition has been filed.

2. It is needless to point out that if at all the respondents are of the view that the petitioners are encroachers and need to be evicted, there is a duty cast on them to follow the procedure contemplated under the provision of the Tamil Nadu Land Encroachment Act, 1905. In other words, there cannot be any coercive move of eviction.

3. In this background, if the respondents intend to evict the petitioners, they are required to follow the procedure contemplated under the Tamil Nadu Land Encroachment Act, 1905.

4. With these observations, the writ petitions stands closed. Consequently, WMP Nos.13166 and 13158 of 2022 are also closed. There will be no order as to costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar kpl/drm To 1.The District Collector Changalpattu District

2.The District Revenue Officer Chengalpattu District 3.The Revenue Divisional Officer Chengalpattu District 4.The Tahsildhar Chengalpattu Taluk Chengalpattu District.

5.The Revenue Inspecor Kattankolathur Firka Chengalpattu Taluk Chengalpattu District.

6.The Village Administrative Officer Ninnakarai Village Chengalpattu District.

+1cc to the State Government Pleader Sr.No.32072, 32073 +2ccs to Mr.S.Shankar, Advocate Sr.No.32036, 32037 W.P.Nos.13896 and 13906 of 2022 RLD(CO) RVM(15/06/2022)