C.Chandrasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.29559 of 2025 C.Chandrasekar ... Petitioner Vs.

1.The District Collector, Tiruvallur District, Tiruvallur - 602 001.

2.The Tahsildar, Gummidipoondi Taluk Office, Gummidipoondi - 601 201.

3.The Tamil Nadu Bhoodan Yagne Board, (Boomidhanam Movement) Rep by its Chairman, Ezhilagam Building, 1st Floor, Chepauk, Chennai - 600 005.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents not to dispossess the petitioner from the petition property, being an agricultural punjai land, comprised in Survey No.139/2, measuring to an extent of acre 0.78 cents, situated at No.240, Elavur Village, Gummidipoondi Taluk, For Petitioner :

Mr.R.Munuswamy For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents not to dispossess the petitioner from the petition property, being an agricultural punjai land, comprised in Survey No.139/2, measuring to an extent of acre 0.78 cents, situated at No.240, Elavur Village, Gummidipoondi Taluk, Tiruvallur District.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in Survey No.139/2, measuring an extent of acre 0.78 cents, situated at No.240, Elavur Village, Gummidipoondi Taluk, Tiruvallur District. It is stated that the petitioner was assigned/allotted as a landless person vide assignment dated 02.07.1974. The consideration was fixed at Rs.51.04 which was also paid by the petitioner.

4. The petitioner would submit that he has been in possession and enjoyment of the subject property and had been engaged in cultivation in the subject property. After assignment petitioner was issued Patta bearing No.340. Petitioner had recently informed that patta presently stands in the name of Bhoodan Yagne Board/3rd respondent herein. It is submitted that there is also a threat for eviction from the subject property.

5. At the outset, the learned Special Government Pleader for the respondents would submit that eviction if any, which is submitted by the learned counsel for the petitioner will be taken only after following the due process of law.

6. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the concerned respondent, to consider the representation dated 02.07.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the respondents to consider the representation on its own merits and in accordance with law.

7. Accordingly, the writ petition stands disposed of. No Costs. Consequently, connected Writ Miscellaneous Petition is closed. 22.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No jas To 1.The District Collector, Tiruvallur District, Tiruvallur - 602 001.

2.The Tahsildar, Gummidipoondi Taluk Office, Gummidipoondi - 601 201.

3.The Tamil Nadu Bhoodan Yagne Board, (Boomidhanam Movement) Rep by its Chairman, Ezhilagam Building, 1st Floor, Chepauk, Chennai - 600 005.

MOHAMMED SHAFFIQ, J.

jas and W.M.P.No.29559 of 2025 22.07.2025