M.Anandhi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and WMP.No.19740 of 2024 M.Anandhi ...

Petitioner vs 1.The District Collector, Office of the District Collector, 2.The District Revenue Officer, District Revenue Office, Arani, Tiruvannamalai District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Arani, Tiruvannamalai District.

4.The Assistant Elementary Education Officer, Boys Higher Secondary School Campus Arni, Tiruvannamalai - 632 301.

5.The Tahsildar Arani Taluk Office, 6.The Block Development Officer, Arani Panchayat Union, 1/6

7.The Panchayat President Erumbedu Panchayat 8.The Village Administrative Officer, Erumbedu Village, Arani Taluk, Tiruvannamalai District.

9.M.Lokeswari 10.G.Kalidoss 11.Jayaraj 12.T.Annadurai 13.C.Velu 14.P.Palani.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to forbearing the respondents 1 to 8 from interfering with petitioner possession and enjoyment of the property situated at Irumbedu Village, Arani Taluk, Tiruvannamalai District comprised in S.No.189/22 new S.No.189/20, 189/24 an extent of 2544 sq.ft without due process of law and consequently direct the 3rd respondent to enquire into the aforesaid illegal act of the respondents 5 to 14 based on the petitioner representation dated 22.12.2023.

For Petitioner :

Mr.M.Selvam For Respondents :

Mr.P.Sathish, AGP for R1 to R3.

Mr.M.Rajendran, AGP for R4.

Mr.R.Kumaravel, AGP for R6 & R7 2/6

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2. The case of the petitioner is that he was in possession and enjoyment of 624 sq.ft of land in S.No.189/20 RE Survey No.189/24 and constructed a house, bath room and septic tank in the property. The patta was issued in Patta No.687 and the petitioner is also paying property tax from the year 2011. However, the official respondents is trying to demolish the bathroom and septic tank. The petitioner had already filed a suit in OS.No.204 of 2012 on the file of the District Munsif, Arani for the relief of permanent injunction, even now the respondents are trying to interfere with the peaceful possession of the property.

3. The learned counsel for the official respondents submits that the petitioner is an encroacher, the suit is also pending. The petitioner has filed the writ petition to take action against the respondents 5 to 14 based on his representation dated 22.12.2023.

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4. Considering the fact, if the petitioner encroaches the Government land, let the authorities shall initiate appropriate action under Tamil Nadu Land Encroachers Act for removal of the petitioner from the land and by following due process of law before taking any action.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To 1.The District Collector, Office of the District Collector, 2.The District Revenue Officer, District Revenue Office, Arani, Tiruvannamalai District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Arani, Tiruvannamalai District.

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4.The Assistant Elementary Education Officer, Boys Higher Secondary School Campus Arni, Tiruvannamalai - 632 301.

5.The Tahsildar Arani Taluk Office, 6.The Block Development Officer, Arani Panchayat Union, 7.The Panchayat President Erumbedu Panchayat 8.The Village Administrative Officer, Erumbedu Village, Arani Taluk, Tiruvannamalai District.

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N.SATHISH KUMAR , J.

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