Madras High CourtWP/20380/2019disposed of

Paranthaman v. The District Collector

2019-07-18Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.20380 of 2019 Paranthaman .. Petitioner -vs1. The District Collector,

2. The Revenue Divisional Officer, Tiruvallur Division,

3. The Tahsildar, Poonamallee Taluk, .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the respondents or their men, agents or subordinates or any other person through them from in any manner interfering with the peaceful possession and enjoyment of the petitioner over his house property, comprised in S.No.100part, situated at Kannaiamman Nagar, Vellavedu Village, Poonamallee Taluk, Tiruvallur District, without following due process of law and consequently, direct the respondents to issue house site patta to the petitioner by reclassification of the land into Royatwari in the light of G.O.Ms.465 dated 27.11.2018 by considering representation of the petitioner dated 10.04.2019. For Petitioner : Mr.V.Logeswaren For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c)

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.V.Logeswaren, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) for the respondents.

2. The petitioner is residing in the house comprised in Survey No. 100 (Part), measuring an extent of 800 square feet situated at Kannaiamman Nagar, Vellavedu Village, Poonamallee Taluk, Tiruvallur District. The prayer of the petitioner is that a direction be issued to the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over his house property without following due process of law.

3. Admittedly, till now, no notice has been issued to the petitioner under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 or any other Act.

4. The learned Government Pleader (i/c) made a statement that without following due process of law, the petitioner will not be evicted.

5. In this view of the matter, no further orders are necessary at this stage and the writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.19713 of 2019 is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bbr To:

1. The District Collector,

2. The Revenue Divisional Officer, Tiruvallur Division,

3. The Tahsildar, Poonamallee Taluk, +1 cc to M/s.V.Loganathan, Advocate, S.R.No.60913 +1 cc to the Government Pleader, S.R.No.61872 W.P.No.20380 of 2019 BR(CO) SSM(14/08/2019)