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Madras High CourtWP/22414/2004dismissed

R.Umaraomal v. The Dist.Collector

2017-07-25Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.22414 of 2004 and W.P.M.P.No.27133 of 2004 R.Umaraomal .. Petitioner Vs.

1. The District Collector, Chennai.

2. Estate Officer-cum-P.A. to Collector, Chennai Collectorate, Chennai.

3. The Tahsildar, Tondiarpet Taluk, Chennai .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents herein to remove the seal put by them in portion Door No.5, Cementry Road, Royapuram, Chennai-13. For Petitioner : Mr.Saravananakumar For Respondents : Mr.Akhil Akbar Ali, Govt. Advocate

ORDER

The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents herein to remove the seal put by them in portion Door No.5, Cemetery Road, Royapuram, Chennai-13.

2. Admittedly, the relief sought for by the petitioner cannot be granted in this Writ Petition filed under Article 226 of the Constitution of India. The stand of the respondents in the counter affidavit is that the petitioner is an encroacher enjoying the Government land without paying any lease rent to the Government and also not paying Municipal tax for the past 27 years. Learned Government Advocate appearing for the respondents submitted that even as on date, no amount is paid by the petitioner. The lease period has also expired. In view of the same, the action of the respondents in sealing the premises in https://hcservices.ecourts.gov.in/hcservices/

question, cannot be found fault with. It is open for the respondents to open the seal, enter the premises in question and occupy the same.

3. With the above observations, the Writ Petition is dismissed. No costs. W.P.M.P. is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar cs Copy to

1. The District Collector, Chennai.

2. Estate Officer-cum-P.A. to Collector, Chennai Collectorate, Chennai.

3. The Tahsildar, Tondiarpet Taluk, Chennai.

W.P.No.22414 of 2004 sj(co) ss(17/8/2017) https://hcservices.ecourts.gov.in/hcservices/