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Madras High CourtWP/19012/2023disposed of

G.K.Murugan v. The District Collector

2023-06-28Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.K.Murugan .. Petitioner versus 1.The District Collector, Tiruvallur District, Tiruvallur 600 052 2.The Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District, Tiruvallur 600 052 3.The Tahsildar, Gummidipoondi Taluk, Tiruvallur District, Tiruvallur 600 052 4.The District Library Officer, Tiruvallur District, Tiruvallur 600 052 5.The Library Officer, Gummidipoondi Branch Library, Gummidipoondi Taluk, Tiruvallur District, Tiruvallur 600 052 ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents not to dispossess the petitioner from his occupation of 3 cents and 250 sq.ft. in S.No.559/A, Gummidipoondi Village, bearing Old No.54, New No.2, V.M. 1st Street, Gummidipoondi Taluk,

Tiruvallur District without conducting inquiry on the appeal in Na.Ka.No.10533/2023/A2 dated 11.03.2023 pending before the Tahsildar, Gummidipoondi Taluk.

For the Petitioner :

Mr.V.Chandrakanthan For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.V.Chandrakanthan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for the respondents.

2. The learned counsel for the petitioner submits that the petitioner is apprehending dispossession. The petitioner has filed an appeal before the Tahsildar, Gummidipoondi Taluk, on 11.03.2023. According to the learned counsel for the petitioner, in the year 2020, part of the construction was demolished.

3. Today, no notice or order is shown directing the petitioner to demolish any construction or to evict him from the writ land. Appeal filed by the petitioner, according to the learned counsel, is pending. Unless there is some notice or an order directing the petitioner to be evicted, it would not be possible to pass any

further orders in the Writ Petition. If the petitioner has already filed an appeal under the statute, then the petitioner can also pray for stay, as may be permissible under law.

4. With these observations, the Writ Petition is disposed of. There will be no order as to costs. Consequently, WMP No.18258 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 28.06.2023 Index : yes/no : Yes/No tar To:

1.The District Collector, Tiruvallur District, 2.The Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District, 3.The Tahsildar, Gummidipoondi Taluk, Tiruvallur District 4.The District Library Officer, Tiruvallur District, Tiruvallur 600 052 5.The Library Officer, Gummidipoondi Branch Library, Gummidipoondi Taluk, Tiruvallur District, Tiruvallur 600 052

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 28.06.2023