Madras High CourtWP/23531/2024disposed of

Santha v. The District Collector

2024-08-13Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.25744 of 2024 Santha ... Petitioner vs.

1.The District Collector Salem, Salem District 2.The Revenue Divisional Officer Mettur, Mettur Taluk, Salem District 3.The Tahsildar Kadayampatti Kadayampatti Taluk, Salem District.

4.The Block Development Officer Kadayampatti Block Kadayampatti Taluk, Salem District 5.The Village President K.Morur Village, Kadayampatti Taluk Salem District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/4

India, to issue a Writ of Mandamus, directing the respondents not to evict the petitioner from her land in Survey No.191/2 an extent of 70 cents at Kanavai Puthur Village, Kadayampatti Taluk without following the due process of law.

For Petitioner : Mr.M.Elango For R1 to R3 : Mr.A.Selvendran Special Government Pleader For R4 and R5 : Mr.M.S.Arasakumar Government Advocate

O R D E R

The petitioner herein seeks a direction to the respondents not to evict her from land in Survey No.191/2 with an extent of 70 cents situated in Kanavai Puthur Village, Kadayampatti Taluk, Salem District without following due process of law.

2. When the writ petition is taken up for hearing, the learned Special Government Pleader, who is taking notice for the respondents 1 to 3 would submit that notice under Section 7 of the Land Encroachment Act has been issued by the 3rd respondent to the petitioner today (i.e.13.08.2024). He also produced the copy of the said notice before this Court. The said statement 2/4

made by the learned Special Government Pleader for the respondents 1 to 3 is recorded.

3. In view of the same, it is clear that the 3rd respondent already initiated proceedings for eviction of the petitioner as per the law. It is open to the petitioner to submit her objection to the notice before the 3rd respondent.

4. With this observation, the Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 13.08.2024 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The District Collector Salem, Salem District 2.The Revenue Divisional Officer Mettur, Mettur Taluk, Salem District 3.The Tahsildar Kadayampatti, adayampatti Taluk, Salem District.

4.The Block Development Officer Kadayampatti Block, Kadayampatti Taluk, Salem District 5.The Village President K.Morur Village, Kadayampatti Taluk Salem District.

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