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Madras High CourtWP/24245/2014closed

K.Ramalingam, v. The District Collector,

2022-04-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.24245 of 2014 in M.P.No.1 of 2014 and WMP. No.5885 of 2018 K.Ramalingam ... Petitioner Vs

1. The District Collector , Namakkal District , Namakkal.

2. The Tahsildar, Rasipuram, Namakkal District.

3. The Village Administrative Officer, Akkaraipatti.

(Incharge-Vennandhur Village Administrative Office), Vennandhur, Rasipuram Taluk, Namakkal District. ....Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the Respondents from forcibly evicting the Petitioner from the lands comprised in Survey Numbers 402/7 and 402/8 situated at Korakadu Thottiyapatti Village Vaiyappamalai-via Rasipuram Taluk Namakkal District and consequently directing the Respondents to forthwith consider and pass orders on the Representation of the Petitioner dated 11.8.2014 within a stipulated time.

For Petitioner : Mr. K.Selvaraja For Respondents : Mr. P.Sathish, AGP

ORDER

This writ petition is filed seeking to forbearing the Respondents from forcibly evicting the Petitioner from the lands comprised in Survey Numbers 402/7 and 402/8 situated at

Korakadu, Thottiyapatti Village , Vaiyappamalai-via, Rasipuram Taluk, Namakkal District and consequently directing the Respondents to forthwith consider and pass orders on the Representation of the Petitioner dated 11.8.2014 within a stipulated time.

2. The case of the petitioner is that he is in occupation and enjoyment of the Hill Poramboke lands comprised in S.Nos.402/7 and 402/8 situated at Korakadu, Thottiyapatti Village, Vaiyaooamalai - Via, Rasipuram Taluk, Namakkal District for more than 30 years. The petitioner made several representations to the revenue authorities to grant assignment patta for the afore said lands and the same is pending. Such being the position, the second respondent, without giving any notice, came to the petitioner's land on 27.08.2014 and orally informed that if the petitioner himself does not vacate and hand over the land to the Government, they would cut all the crops and trees and forcibly evict him. Therefore, the petitioner has filed the present writ petition with afore said prayer.

3. The learned Additional Government Pleader submitted that the petitioner will not be evicted without following due process of law.

4.Recording the submission of the learned Additional Government Pleader, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR Rli To

1. The District Collector , Namakkal District , Namakkal.

2. The Tahsildar, Rasipuram, Namakkal District.

3. The Village Administrative Officer, Akkaraipatti.

(Incharge-Vennandhur Village Administrative Office), Vennandhur, Rasipuram Taluk, Namakkal District.

+1cc to Mr.K.Selvaraj, Advocate Sr.23938 +1cc to the Government Pleader Sr.24524 WP.No.24245 of 2014 rr[co] srg 29/04/2022