S.Jothi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021 CORAM : JUSTICE N.SESHASAYEE W.P.Nos.19881, 19889 & 19896 of 2020 1.S.Jothi ... Petitioner in WP.No.19881/2020 2.S.Krishnaveni ... Petitioner in WP.No.19889/2020 3.S.Sasi ... Petitioner in WP.No.19896/2020 Vs.

1.The District Collector Chengalpet District Chengalpet.

2.The District Revenue Officer Chengalpet District Chengalpet.

3.The Revenue Divisional Officer Tambaram 4.The Tahsildhar Vandalur Taluk Office Vandalur

...Respondents in all WPs

Common Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent not to enter into the petitioner's property bearing Survey No.171 consisting to the extent of 0.50 cents in No.24, Melakottaiyur Village without following any due precess of law.

For Petitioners : Mr.P.Gurunathan (in all W.Ps) For Respondents : Mr.E.Balamurugan Special Government Pleader COMMON ORDER These writ petitions are filed seeking a direction against the respondents that the petitioners' possession over an extent of 0.50 cents each in Survey No. 171 of Melakottaiyur Village, Vandalur Taluk, Chengalpet District, are interferred with.

2. The said property is a Poromboke property which is classified as unassessed waste lands. Prior to this, the petitioners have filed their representations individually on 09.11.2020 before the third respondent for assigning the said property in their favour.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

4. Mr.E.Balamurugan, learned Special Government Pleader has made a statement that an enquiry into the said representations is scheduled to take place at 11.00 a.m. on 08.01.2021 and the notices have also been issued to the petitioners.

5. Since the petitioners are yet to acquire title to the aforesaid property, this Court considers that the course adopted by the concerned Tahsildar, the fourth respondent, is the most appropriate. The petitioners are now required to appear before the concerned Tahsildar at 11.00 a.m., on 08.01.2021.

6. In view of the above, no further directions are required in these writ petitions, except that the Tahsildar is required to pass a speaking order on his enquiry, within a period of eight weeks from the date of enquiry. No costs. Post the matter for reporting compliance on 08.03.2021. s/d- Assistant Registrar True Copy Sub-Assistant Registrar ds To:

1.The District Collector Chengalpet District Chengalpet.

2.The District Revenue Officer Chengalpet District Chengalpet.

3.The Revenue Divisional Officer Tambaram

4.The Tahsildhar Vandalur Taluk Office Vandalur Copy to The Section Officer Writ Section High Court, Madras 104.

+3 Ccs to Mr.P.Gurunathan, Advocate sr 354, 355, 353. +1 CC to The Government Pleader sr 187.

W.P.Nos.19881, 19889 & 19896 of 2020 LN(CO) SP(06/01/2021)