Madras High CourtWP/8031/2015disposed of

R.Rajalakshmi, v. The District Collector,

2015-03-23Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.8031 of 2015 & M.P.1 of 2015 R.Rajalakshmi ..

Petitioner

Versus

1. The District Collector, Cuddalore District, Cuddalore.

2. The Tahsildar, Thittakudi Taluk, Thittakudi, Cuddalore District.

3. The Joint Director, Animal Husbandry Department, Cuddalore.

4. The Executive Engineer (Buildings), Public Works Department, Panrutti Main Road, Manjakuppam, Cuddalore.

5. The Assistant Engineer (Buildings), Public Works Department, Cuddalore Main Road, Virudhachalam, Cuddalore District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, forbearing the respondents herein from in any way evicting the petitioner from the lands in S.No.58, Theevalure village, unless by due process of law. For Petitioner :

Mr.J.Jayendra Krishnan For Respondents :

Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

Heard Mr.P.Jayendra Krishnan, learned counsel for the petitioner; Mr. V.Jayaprakash Narayanan, learned Special Government Pleader accepting notice for the respondents and with their consent, the

writ petition is disposed of at the admission stage itself. 2.The petitioner has filed the writ petition seeking to forbear the respondents herein from in any way evicting the petitioner from the lands in S.No.38, Theevalur Village, unless by due process of law. 3.According to the petitioner, she has been in enjoyment of the property in question for several decades and denovo charges have been remitted. Now, the petitioner fears forceful eviction by the respondents 3 and 4. The petitioner earlier approached this Court and filed a writ petition in WP.No.4737/2015 for directing the 1st respondent therein to consider the request made by the petitioner for grant of patta. The said writ petition was disposed of by this Court giving liberty to approach the 1st respondent therein with proper application.

Thus, as on date, the petitioner is allegedly in possession of a Government property and there is no vested right for her. However, if it is a fact that the petitioner is in possession of the property, then the respondents 3 and 4 shall issue notice to the petitioner giving seven [7] days time to vacate the premises and thereafter, afford an opportunity to the petitioner and proceed in accordance with law.

4.The writ petition is disposed of with the above observation. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To