K.Sarojini v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K. SASIDHARAN W.P. No.32507 of 2015 and M.P. No.1 of 2015 K. Sarojini ... Petitioner Vs.
1.
The District Collector Erode District Collector's Office Erode The Sub Collector Sub Collector's Office Gobichettypalayam Erode The Tahsildar Tahsildar's Office Gobichettypalayam Erode District The Personal Assistant to Collector Backward Classes Department District Collector's Office Erode District ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the respondents from evicting the petitioner from the land in New S.No.44, (Old S.F. No.389/E), Nancham Pulliyampatti Village, Gobi Taluk, Erode District, without following the due process of law.
For petitioner : Mr. R. Srinivas For respondents : Mr. P.S. Sivashanmugasundaram Special Government Pleader
O R D E R
(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the respondents.
By this writ petition, the petitioner seeks a direction forbearing the respondents from evicting her from the land in New S.No.44 (Old S.F. No.389/E), Nancham Pulliyampatti Village, Gobi Taluk, Erode District, without following the due process of law.
At the threshold, it is to be noted that this writ petition is filed based on sheer apprehension that after finding that the petitioner is in encroachment of the Government poramboke land, the authorities may initiate action for eviction.
Pursuant to the information sought by the petitioner, it is informed that she is in encroachment. It is for the petitioner to establish as to whether she is having legal ownership of the property in question.
If it is an encroachment, it is for the authorities to initiate action for removal of the encroachment, of course, in accordance with law and after affording an opportunity of hearing to the petitioner. 5.
No cause of action has arisen at this stage to file this writ petition. As such, we are not inclined to entertain this frivolous petition, at this stage.
6.
As a sequel, the writ petition is dismissed. No costs. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
cad To 1.
The District Collector Erode District Collector's Office Erode The Sub Collector Sub Collector's Office Gobichettypalayam Erode The Tahsildar Tahsildar's Office Gobichettypalayam Erode District The Personal Assistant to Collector Backward Classes Department District Collector's Office Erode District +1cc to Mr.R.Srinivas, Advocate, S.R.No.56186 +1cc to the Government Pleader, S.R.No.56642 W.P. No.32507 of 2015 SV(CO) CA(26/10/2015)