P.Elavarasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MS.JUSTICE R.N.MANJULA W.A.Nos.3479, 3482 and 3481 of 2019 and C.M.P.Nos.22277, 22278, 22300, 22283 and 22297 of 2019 P.Elavarasan .. Appellant in WA No.3479/19 A.Veeramuthu .. Appellant in WA No.3482/19 V.Rajendran .. Appellant in WA No.3481/19 Vs

1. The District Collector, Perambalur.

2. The Tahsildhar, Sendurai Taluk, Perambalur District.

.. Respondents in all writ appeals Appeals filed under Clause 15 of Letters Patent against the order dated 12.12.2018 made in W.P.Nos.27325, 27328 and 27326 of 2005.

Common Order Passed in W.P.Nos.27325, 27328 and 27326 of 2005:- These Writ Petitions are filed under Article 226 of the Constitution of India, praying for a Writ of certiorari to call for the notice of the 2nd Respondent in Na.Ka.A1/12585/04 dated 09.08.2005 and quash the same.

For Appellant :

Mr.S.Muthukrishnan (in all cases) For Respondents :

Mr.S.Arumugam, Government Counsel (in all cases) https://hcservices.ecourts.gov.in/hcservices/

COMMON JUDGMENT (Delivered by M.M.SUNDRESH, J.) These appeals are preferred against the order dated 12.12.2018 made in W.P.Nos.27325,27328 and 27326 of 2005.

2. Admittedly, the appellants are in possession and enjoyment of the public lands.

3. The writ petitions have been filed challenging the eviction notices issued by the second respondent. The learned Single Judge rightly dismissed the writ petitions inter alia holding that the appellants do not have any legal right to hold on to the encroached portions.

4. In such view of the matter, we do not find any reason to interfere with the order passed by the learned Single Judge. However, taking into consideration the pandemic situation and the appellants are running tea shops, we are inclined to grant further period of four months from the date of receipt of a copy of this judgment to hand over the vacant possession.

5. The writ appeals stand disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mmi/ssm To 1.

The District Collector, Perambalur.

2.

The Tahsildhar, Sendurai Taluk, Perambalur District.

+3ccs to Mr.S.Muthukrishnan, Advocate, S.R.No.35047 +1cc to the Government Pleader, S.R.No.34748 W.A.Nos.3479,3482 and 3481 of 2019 AK-II(CO) CS/12/08/2021 https://hcservices.ecourts.gov.in/hcservices/