J.Thara Begam v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.7500 to 7506 and 7857 of 2016 and W.M.P.Nos. 6718 to 6724 of 2016 (Heard through VC) 1.J.Thara Begam ... Petitioner in W.P.No.7500 of 2016 2.S.Muthu Ayeesha ... Petitioner in W.P.No.7501 of 2016 3.L.Vengatesan ... Petitioner in W.P.No.7502 of 2016 4.V.Kumaraguru ... Petitioner in W.P.No.7503 of 2016 5.K.Rajaraman ... Petitioner in W.P.No.7504 of 2016 6.D.Anjali ... Petitioner in W.P.No.7505 of 2016 7.D.Senthil Kumar ... Petitioner in W.P.No.7506 of 2016 8.Pazhaniammal ... Petitioner in W.P.No.7857 of 2016 Vs

1. The District Collector Kanchipuram District.

2. The Tahsildar, Sriperumbudur Taluk.

...Respondents in all W.Ps

Prayer in all W.Ps: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from interfering with the petitioners' peaceful possession and enjoyment of the property situated at Survey Nos.242, 242, 242, 246, 242, 242, 242 and 242 respectively, Varadharajapuram Sriperambudur Taluk Kanchipuram District. * * * For Petitioner :

Ms.Sripriya for Mr.V.Raghavachari For Respondents:

Mr.V.Shanmugasundar Special Government Pleader C O M M O N O R D E R As the issues involved in all these writ petitions are one and the same, they are taken up together for hearing via Videoconferencing, on account of COVID-19 pandemic and disposed of by way of this common order 2.

Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents 1 & 2.

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3.

The learned counsel for the petitioners submitted that though the subject properties belong to these petitioners, there is a threat of dispossession of lands at the hands of the respondents. He also submitted that the petitioners have been in possession and enjoyment of the respective properties for quite a long time.

4.

The learned Special Government Pleader submitted that the petitioners are encroachers of the Government lands, which is disputed by the learned counsel for the petitioners. 5.

This Court cannot go into the dispute between the petitioners on the one hand and the respondents on the other hand about the ownership of the properties. As directed by this Court in the other batch of writ petitions of similar nature in W.P.Nos.373 and 381 o 2016 dated 07.01.2016, the respondents are directed to proceed as per the law, after affording opportunity of personal hearing to the petitioners to establish their contentions. Even it is found to be the land belonging to the Government, the respondents are directed to take action only by following due process of law.

6.

With the above observations, these Writ Petitions are disposed of. Consequently, connected Miscellaneous Petitions are also closed. No costs.

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

1. The District Collector Kanchipuram District.

2. The Tahsildar, Sriperumbudur Taluk.

+1 cc to Mr.V.Raghavachari,Advocate Sr.No.28909 W.P.Nos.7500 to 7506 and 7857 of 2016 and W.M.P.Nos. 6718 to 6724 of 2016 rld(co) rv(25/9/2020) https://hcservices.ecourts.gov.in/hcservices/