Kanthan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kanthan ... Petitioner Vs The District Collector, District Collector Officer, Harur, Namakkal District.

... Respondent Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direction on the respondent to restore the peaceful possession in the petitioner self-acquired property, 0.14 cent of land in New No. 68/1A1 Punjai hectare 0.26.52 theervai 0.41 situated at Thanipadi Village, Peryapatti Tharappu, Harur Taluk, Dharmapuri District based on the petitioner representation dated 24.05.2024. For Petitioner : Mr. V.Balamurgan For Respondent : Mr. A.Selvendran, Additional Government Pleader

O R D E R

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With consent of both sides, this Writ Petition has been taken up for disposal at the admission stage itself.

2. This Writ Petition has been filed for directing the respondent to restore the peaceful possession to the petitioner of his self-acquired property, measuring 0.14 cents of land in New No. 68/1A1, Punjai hectare 0.26.52, Theervai 0.41, situated at Thanipadi Village, Peryapatti Tharappu, Harur Taluk, Dharmapuri District, based on the petitioner's representation dated 24.05.2024.

3. The petitioner belongs to a Schedule Cast Community. He had purchased the subject property from one V.Elumalai by a registered sale deed vide Document No. 2797 of 2024 dated 25.04.2024 for a valid sale consideration. It has been used excessively by the petitioner. It is situated adjacent to the State Highway. While that being so, the adjacent lands were purchased by three other persons from a different community for a huge sale consideration. Without even seeking permission from the petitioner, the respondent laid a road in the land purchased by the petitioner. 2/5

4. However, when it was questioned by the petitioner, he was threatened by all, including Revenue Officials, who threatened to file a false case against him. Therefore, the petitioner submitted the said representation to the respondent herein, and it is still pending without any consideration.

5. In view of the above, the respondent is directed conduct enquiry after issuance of notice to the petitioner and counter parties if any and after giving opportunity of hearing to them, and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

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The District Collector, District Collector Officer, Harur, Namakkal District.

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G.K.ILANTHIRAIYAN, J.

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