Madras High CourtWP/25632/2015disposed of

P.Anjalaidevi v. The State Of Tamil Nadu

2015-08-18Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2015

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.25632 of 2015 and M.P.No.1 of 2015 P.Anjalaidevi

...Petitioner

-Vs1.The State of Tamil Nadu rep by the Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The State of Tamil Nadu rep by the Secretary to Government, Environment and Forest Department, Fort St.George, Chennai - 600 009.

3.The District Collector, Salem District.

4.The Revenue Divisional Officer, Salem District.

5.The Principal Chief Conservator of Forest, Salem District.

6.The District Forest Officer, Salem District.

7.The Tahsildar, Gangavalli Taluk, Salem District.

8.The Forest Settlement Officer, Gangavalli Taluk, Salem District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus forbearing the respondents and their man from in any manner interfering with the petitioner's peaceful possession, enjoyment and cultivation of lands comprised in Old Survey No.1/1b-2A, New Survey No. 57/3-2A Veepadi Palakadu Village, Gangavalli Taluk, Salem District to an extent of 3.60 acres except by due process of law.

For Petitioner : Mr.T.Meganathan For Respondents : Mr.S.Diwakar, Additional Government Pleader (R1 to R4 & R7) Mr.N.Inbanathan, Government Advocate Forest (R5, R6 & R8)

O R D E R

Seeking issuance of patta based upon the possession, the petitioner made a representation. On its non consideration, the petitioner approached this Court.

2.By proceedings dated 31.03.2015, the petitioner's request was rejected. Thereafter, the petitioner made another representation dated 23.07.2015 not to evict her except by due process of law. Alleging that the respondents are attempting to evict her, the present Writ Petition has been filed.

3.This Court cannot go into the disputed fact as to whether the petitioner is in possession or not. However, if the petitioner is in possession, then the respondents will have to evict her only by due process of law.

4.Therefore, the present Writ Petition stands disposed of by directing the respondents 4 to 8 not to dispossess the petitioner, if she is in possession, except by due process of law. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Asst.Registrar(CSV) /true copy/ Sub Asst. Registrar va

To 1.The Secretary to Government, State of Tamil Nadu, Revenue Department, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Fort St.George, Chennai - 600 009.