D.Sujatha v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 28408 of 2023 D.Sujatha ... Petitioner -vs1. Government of Tamil Nadu Rep. by Secretary, Revenue Department, Fort St.George, Chennai - 600009.
2. The Commissioner, Tiruvannamalai Municipality, Tiruvannamalai.
3. The Revenue Divisional Officer, Tiruvannamalai.
4. The Tahsildar, Tiruvannamalai.
5. The Village Administrative Officer, Tiruvannamalai.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from in any manner demolishing or removing part of the construction allegedly to have put up by the Petitioner at T.S. No. 391/2B, Thiruvannamalai Village and 1/5
Town, within the Sub Registration District of Thiruvannamalai Town and Registration District of Thiruvannamalai, bearing No. 99-I, Ramalinganar Street Main, Tiruvannamalai, without giving prior notice to the Petitioner and without giving opportunity of personal hearing to the Petitioner before proceeding to demolish the portion of the building as state above. For Petitioner : Mr. K.Venkatesan For Respondents : Mr. U.Baranidharan, Additional Government Pleader (for R1, R3 to R5) Mr. P.Srinivas (for R2)
O R D E R
Heard Mr. K.Venkatesan, Learned Counsel for the Petitioner, Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the First, Third to Fifth Respondents and Mr. P.Srinivas, Learned Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Petitioner has sought to restrain the Respondents from in any manner demolishing or removing part of the construction allegedly to have put up by him at T.S. No. 391/2B, Thiruvannamalai Village and Town, within the Sub Registration District of Thiruvannamalai Town and Registration District of 2/5
Thiruvannamalai, bearing No. 99-I, Ramalinganar Street Main, Tiruvannamalai, without giving prior notice or opportunity of personal hearing to him, in this Writ Petition.
3.
In response, Learned Counsel for the Second Respondent has filed a memo dated 22.11.2023 stating that the Second Respondent has nothing to do with at present with regard to the lands in T.S. No. 391/2B and does not intend to take any action in respect of that property, which is placed on record. 4.
In view of the same, nothing remains for further consideration in the Writ Petition, but if the Petitioner has any other grievance to be redressed in the matter, she is not precluded from working out her rights before the proper forum in the manner recognized by law.
In fine, the Writ Petition is disposed with the aforesaid clarifications. Consequently, the connected Miscellaneous Petition is closed. No costs. 22.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 14.02.2024.
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To
1. The Secretary, Government of Tamil Nadu Revenue Department, Fort St.George, Chennai - 600009.
2. The Commissioner, Tiruvannamalai Municipality, Tiruvannamalai.
3. The Revenue Divisional Officer, Tiruvannamalai.
4. The Tahsildar, Tiruvannamalai.
5. The Village Administrative Officer, Tiruvannamalai.
4/5
P.D. AUDIKESAVALU, J.
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