Malarkodi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.21815 of 2023 S.Malarkodi

...Petitioner

Vs.

1.The District Collector, Inspector of Panchayat, Cuddalore, Cuddalore District.

2.The Block Development Officer, Tittakudi Taluk, Cuddalore District.

3.The Village President, Arugeri Village Panchayat, Tittakudi Taluk, Cuddalore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents herein from dispossessing the petitioner in respect of the land in Survey No.18/1 admeasuring an extent of 69 cents situated at Arugeri Village, Tittakudi Taluk, Cuddalore District expect due process of law. 1/4

For Petitioner : Mr.D.Babu Varadharajan For Respondent 1 : Mr.C.Selvaraj Additional Government Pleader For Respondents 2 & 3 : Mr.M.S.Premkumar Government Advocate

O R D E R

The petitioner herein seeks a writ of mandamus, forbearing the respondents from dispossessing the petitioner in respect of the land in Survey No.18/1 admeasuring an extent of 69 cents situated at Arugeri Village, Tittakudi Taluk, Cuddalore District expect due process of law. 2.It is the case of the petitioner that he has been in possession and enjoyment of the above said land by cultivation. The respondent herein made an attempt to disturb the possession of the petitioner and hence, she submitted a representation to the respondents on 17.04.2023, asserting her right and possession over the property and also requested the respondents to permit the petitioner to continue cultivation in the above said property. 3.Though the petitioner prayed for a positive direction not to interfere with her possession, the petitioner has not produced any acceptable documents 2/4

to prove her right and possession over the above mentioned lands. In such circumstances, this Court is inclined to issue a direction to the petitioner to submit all the documents in support of her claim before the first respondent or any other Revenue Officer authorised by him, within a period of two weeks from the date of receipt of a copy of this order. On submission of records by the petitioner, the first respondent or any other Revenue Officer authorised by the first respondent is directed to consider the representation of the petitioner dated 17.04.2023, in the light of the documents to be submitted by the petitioner and pass final orders on merits within a period of eight weeks from today (24.07.2023).

4.With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 3/4

S.SOUNTHAR , J.

nti To 1.The District Collector, Inspector of Panchayat, Cuddalore, Cuddalore District.

2.The Block Development Officer, Tittakudi Taluk, Cuddalore District.

3.The Village President, Arugeri Village Panchayat, Tittakudi Taluk, Cuddalore District.

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