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Madras High CourtWP/34184/2016disposed of

S.Jayaraj v. The District Collector,

2022-11-23Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.29494 of 2016 1.S.Jayaraj 2.Loorthy Marry 3.Joseph .. Petitioners

Versus

1.The District Collector Salem Salem District 2.The Tahsildar Taluk Office Yercaud Taluk Salem District.

3.The Village Administrative Officer No.66, Semmaduvu Village Asambur Tharabu Yercaud Taluk Salem District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to dispose the petitioners from their land in S.No.1/1 to an extent of 15 acres situated at Semmaduvu Village, Yercaud Taluk, Salem District without following the due process of law.

For Petitioners : Mr.M.Elango For Respondents : Mr.U.Baranidharan Additional Government Pleader 1/4

ORDER

This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the respondents to dispose the petitioners from their land in S.No.1/1 to an extent of 15 acres situated at Semmaduvu Village, Yercaud Taluk, Salem District without following the due process of law.

2. The learned counsel for the petitioner submitted that the petitioner is the owner of the subject property situated in S.No.1/1 to an extent of 15 acres situated at Semmaduvu Village, Yercaud Taluk, Salem District. It is their grievance that the respondent officials are trying to dispossess their lands without following due process of law. Hence, seeks this Court for issuance of appropriate directions.

3. The learned Additional Government Pleader relying on the counter affidavit filed by the second respondent submitted that the subject properties are classified as Hill Poramboke (Kundru), which is a Government Poramboke and the petitioners are unofficially encroached in the said lands and they are not entitled to any relief. However, he submitted that their possession will not be disturbed without following due process of law.

4. Recording the submissions of the learned Additional Government 2/4

Pleader, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

23.11.2022 dhk Index:Yes/No To 1.The District Collector Salem Salem District 2.The Tahsildar Taluk Office Yercaud Taluk Salem District.

M. DHANDAPANI, J.

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dhk W.P.No.34184 of 2016 23.11.2022 4/4