V.Gomathy, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2015
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.2598 of 2015 and M.P.No.1 of 2015 V.Gomathi
...Petitioner
vs.
1. The District Collector Office of the Collectorate Kancheepuram District
2. The Revenue Divisional Officer Chengalpattu Kancheepuram District
3. The Thasildhar Thiruporur Taluk Office Thiruporur
4. The Revenue Inspector Thaiyur Village, 'B' Block Thiruporur Taluk Kancheepuram District
5. The Village Administrative Officer Thaiyur Village, 'B' Block Thiruporur Taluk Kancheepuram District
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents not to remove or evict the petitioner from her residence existing in S.No.1454/1A, situated in Thaiyur (B) Village, Kelambakkam Firka, Chengalpattu Taluk, Kancheepuram District measuring about 19 Ac without following due process and appropriate provisions of law.
For Petitioner :
Mr.V.Subramanian For Respondents :
Mr.R.Vijayakumar Additional Government Pleader
ORDER
Heard Mr.V.Subramanian, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondents.
2. The petitioner seeks for a direction to the respondents not to remove or evict the petitioner from her residence in S.No.1454/1A, Thaiyur (B) Village, Kelambakkam Firka, Chengalpattu Taluk, Kancheepuram District measuring about 19 Ac without following due process and appropriate provisions of law.
3. According to the petitioner, she is in possession and enjoyment of the land in question. The petitioner would admit that the land is a Government land. The Village Administrative Officer appears to have initiated action to evict the petitioner from the said land stating that the land is a Government land and there are very many valuable trees standing in the said land. In this regard, the petitioner has submitted her objections to the Tahsildar, Thiruporur. Fearing forcible eviction, the petitioner is before this Court.
4. Since the petitioner has already submitted her objections to the third respondent on 30.10.2014 pursuant to the action initiated by the revenue officials, it is appropriate to direct the third respondent to consider the objections raised by the petitioner.
5. The third respondent is directed to consider the petitioner's objections dated 30.10.2014, copy of which shall be forwarded to the third respondent along with the copy of this order. The third respondent shall afford an opportunity of personal hearing to the petitioner and pass a reasoned order on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. Till date the status-quo prevailing as on date shall be maintained. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
gpa To
1. The District Collector Office of the Collectorate Kancheepuram District
2. The Revenue Divisional Officer Chengalpattu Kancheepuram District
3. The Thasildhar Thiruporur Taluk Office Thiruporur
4. The Revenue Inspector Thaiyur Village, 'B' Block Thiruporur Taluk Kancheepuram District
5. The Village Administrative Officer Thaiyur Village, 'B' Block Thiruporur Taluk Kancheepuram District 1 CC to Mr.V.Subramanian, Advocate SR.No. 5724 1 CC to the Government Pleader, SR.No. 5788 W.P.No.2598 of 2015 & M.P.No.1 of 2015 BR (CO) PSI (05.02.2015)