D.Ravi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.21732 of 2013 and M.P.No.1 of 2013 D.Ravi .. Petitioner

Versus

1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.The Commissioner, Ariyalur Town Panchayat, 5.The Revenue Inspector, 6.The Superintending Engineer, Tamil Nadu State Highways Department, .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents, their men, officials and agents from taking any action for the dispossession and demolition of the building owned by the petitioner in Survey No.2343 of Ariyalur South Village at Door No.74/A, B, C, 18C, Vilangara Street, Ariyalur, for enabling the "Green Ariyalur" project without following the procedure prescribed under law and on such terms and conditions.

For Petitioner : Mr.S.Mahesh For Respondents : Mr.N.Inbanathan Additional Government Pleader

O R D E R

Heard Mr.S.Mahesh, learned counsel for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader for the respondents.

2. This writ petition has been filed seeking issuance of writ of mandamus, forbearing the respondents from dispossession and demolition of the building owned by the petitioner in Survey No.2343, Door No.74/A, B, C, 18C, Ariyalur South Village, Vilangara Street, Ariyalur.

3. According to the petitioner, he became the absolute owner of the property in S.No.541/621 from the year 1998, as such he has been in possession and enjoyment of the same and paying the property tax and water tax regularly to the concerned authorities.

4. The grievance of the petitioner is that the respondents without following the procedures have attempted to evict the petitioner, hence, the present writ petition.

5. It is stated in the counter, patta issued in favour of the petitioner was cancelled and the land is classified as Government Manai and however paragraphs 9 and 12, it is categorically stated that the respondents will give prior notice and provide sufficient opportunity to the petitioner before starting the eviction process.

6. In the light of the stand taken by the respondents, this Court is of the considered opinion that no further adjudication is required in this writ petition. Accordingly, this writ petition is closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ms To 1.The District Collector, 2.The Revenue Divisional Officer,

3.The Tahsildar, 4.The Commissioner, Ariyalur Town Panchayat, 5.The Revenue Inspector, 6.The Superintending Engineer, Tamil Nadu State Highways Department, +1cc to Mr.S.Mahesh, Advocate Sr.No.43560 +1cc to the Government Pleader sR.No.44575 KK(CO) sm:19.7.2018 W.P.No.21732 of 2013 and M.P.No.1 of 2013