Madras High CourtWP/22897/2019disposed of

P.Arukkani, v. The District Collector,

2024-01-05Honourable Mr Justice S. Vaidyanathan,Honourable Mr.Justice K.Rajasekar4 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 05-01-2024

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.22897 of 2019 P.Arukkani ...

Petitioner -vs1.The District Collector, Erode District.

2.The Commissioner, Erode Corporation, Erode.

3.The Assistant Commissioner, Zone-IV, Erode Corporation, Erode.

...

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari to call for the records on the file of second respondent in relation to eviction order, dated 13.07.2019, passed under Section 6 of the Tamil Nadu Land Encroachment Act,1905, in respect of the petitioner's housing property situate in Site No.47, bearing Door No.63, Poyyerikkarai Street, Gandhiji Road, Erode- 638 001, located in Ward - E, Block-21, comprised in T.S.No.27/3 of Erode Town, and quash the same.

2/4 For Petitioner : No appearance For Respondent 1 : Mr.J.Ravindran, Addl. Advocate General, assisted by Mr.A.Selvendran, Special Government Pleader.

For Respondent 2 & 3 : Mr.Rajamathivanan

ORDER

(By S.Vaidyanathan,J.) Petitioner has come forward with this Writ Petition praying to call for the records on the file of second respondent in relation to eviction order, dated 13.07.2019, passed under Section 6 of the Tamil Nadu Land Encroachment Act,1905, in respect of her housing property situate in Site No.47, bearing Door No.63, Poyyerikkarai Street, Gandhiji Road, Erode- 638 001, located in Ward - E, Block-21, comprised in T.S.No.27/3 of Erode Town, and quash the same.

2. None appears for the petitioner.

3. On an identical issue, we passed an order in W.P.No.23281 of 2019 and other connected matters on 06.11.2023. Since the issue in hand is also similar, we are inclined to follow the same dictum. The parties are expected to adhere to the decision of this Court, dated 06.11.2023, mentioned above, and the directions therein apply to this case as well.

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4. Writ Petition is disposed of accordingly. No costs. Consequently, the connected W.M.P.No.22528 of 2019 is closed.

Index : Yes/No (S.V.N.,J.) (K.R.S.,J.) Internet : Yes/No 05-01-2024 dixit To 1.The District Collector, Erode District.

2.The Commissioner, Erode Corporation, Erode.

3.The Assistant Commissioner, Zone-IV, Erode Corporation, Erode.

4/4 S.VAIDYANATHAN,J.

AND K.RAJASEKAR,J.

dixit W.P.No.22897 of 2019 05-01-2024