Noorjahan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2023 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.15787 of 2023 and W.M.P.No.15231 of 2023 Noorjahan ....
Petitioner -Vs1.The District Collector Mayiladudurai District Mayiladudurai.
2.The Tahsildar Sirgazhi Taluk Mayiladudurai District.
3.The Chairman Kollidam Panchayat Union Kollidam, Sirgazhi Taluk Mayiladudurai District.
4.The Block Development Officer Kollidam, Sirgazhi Taluk Mayiladudurai District.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioners representation dated 12.5.2023 and consequently direct the respondents not to dispossess the petitioner from her agricultural lands comprised in S.No.635 to an extent of Acre 3.71 cents S.No.638/2 to an extent of Acre 2.10 cents S.No. 634/1 to an extent of Acre 0.55.60 cents S.No.634/8 to an extent of 0.60.50 cents situated in 1 / 5
Thirumailadi village Sirgazhi Taluk Mayiladudurai District measuirng to a total extent of Acre 06.97 cents without due process of law. For Petitioner :
Mr.S.Shanmugasundaram for Mr.A.Abrar Ahmed For Respondents :
Mr.S.Arumugam Government Advocate
O R D E R
This writ petition has been filed for the issuance of a writ of Mandamus directing the respondents to consider the representation made by the petitioner on 12.05.2023, wherein the petitioner has requested the respondents not to interfere with her peaceful possession and enjoyment of the subject property which according to the petitioner is being used as agricultural lands.
2. When the matter was taken up for hearing today, the learned Government Advocate submitted the written instructions received from the Block Development Officer, Kollidam. On going through the same, it is seen that the respondents are taking a stand that the subject property is being unauthorisedly occupied by the petitioner and others. However, a specific stand has been taken to the effect that there is no proposal for formation of dumping yard in the subject property, no steps have been taken and no proposal is pending in this regard. 2 / 5
3. Learned counsel for the petitioner submitted that there are sufficient documents on the side of the petitioner to substantiate that the subject land is being enjoyed by the petitioner in her own right and the lands are utilised for agricultural purposes.
4. In the light of the above stand taken by the 4th respondent, the apprehension raised by the petitioner has been sufficiently answered. If according to the respondents, the subject property is occupied unauthorisedly by the petitioner, it is open to the respondents to proceed in accordance with law and in such an event, it is always left open to the petitioner to submit her objections along with all the relevant documents.
5. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
07.06.2023 Index : Yes/No KST 3 / 5
To 1.The District Collector Mayiladudurai District Mayiladudurai.
2.The Tahsildar Sirgazhi Taluk Mayiladudurai District.
3.The Chairman Kollidam Panchayat Union Kollidam, Sirgazhi Taluk Mayiladudurai District.
4.The Block Development Officer Kollidam, Sirgazhi Taluk Mayiladudurai District.
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N.ANAND VENKATESH, J.
kst & WMP No.15231 of 2023 07.06.2023 5 / 5