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Madras High CourtWP/21381/2014closed

J.Sudhakaran, v. The District Collector,

2022-03-29Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.21381 of 2014 and W.M.P.No.1 of 2014 J.Sudhakaran ... Petitioner Vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The District Revenue Officer, Kancheepuram District, Kancheepuram.

3. The Tahsildar, Neyyadivakkam Village, Uthiramerur Taluk, Kancheepuram Taluk.

4. S.Tamilmozhi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, by forbearing the respondents, their men, agents, servants, subordinates or any one acting under them from in any manner interfering with the petitioner's peaceful possession and enjoyment of the property measuring about 0.15 Cents situate at Old Survey No.28/2-A, New Survey No.274/3 at No.58, Neyyadivakkam Village, Uthiramerur Taluk, Kancheepuram District and not to evict the petitioner from the aforesaid property without following the due process of law.

For Petitioner : Mr.T.T.Ravichandran For Respondent : Mr.V.Veluchamy Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to forbear the respondents, their men, agents, servants, subordinates or any one acting under them from in any manner interfering with the petitioner's peaceful possession and enjoyment of the property measuring about 0.15 Cents situate at Old Survey No.28/2-A, New Survey No.274/3 at No.58, Neyyadivakkam Village, Uthiramerur Taluk, Kancheepuram District and not to evict the petitioner from the aforesaid property without following the due process of law.

2. The learned Additional Government Pleader appearing on behalf of the respondent takes notice for the official respondent. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property in Old Survey No.28/2-A, New Survey No.274/3, to an extent of 0.15 Cents in Survey No.58, Neyyadivakkam Village, Uthiramerur Taluk, Kancheepuram District. The respondents are trying to enter in to the petitioner's property, without following due process of law. Hence, this writ petition is filed with the above said prayer.

4. The learned counsel for the petitioner submitted that it would suffice, if this Court forbear the respondents from entering into the petitioner's property and give a direction not to evict the petitioner from his property.

5. The learned Additional Government Pleader appearing on behalf of the respondent submitted that the respondents will not disturb the petitioner's property, without following due process of law.

6. Recording the submission made by the learned Additional Government Advocate, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

Psa To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The District Revenue Officer, Kancheepuram District, Kancheepuram.

3. The Tahsildar, Neyyadivakkam Village, Uthiramerur Taluk, Kancheepuram Taluk.

+1cc to the Government Pleader, S.R.No.21817 W.P. No.21381 of 2014 RR[co] NSK 08/04/2022