M.Suja, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.9.2019

CORAM

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.27774 of 2019 and W.M.P.No.27311 of 2019

1. M.Suja

2. Muniasamy

...Petitioners

/Versus/

1. The District Collector, Chennai District, First Line Beach, Chennai 600 001.

2. The Tahsildar,

3. The Zonal Officer, Greater Chennai Corporation, Zone - III, Madhavaram,

4. The Revenue Inspector,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd respondent to pass suitable orders on the reply dated 5.8.2019 given by the petitioners for the notice in Ref.Na.Ka.722/2019/A1 dated 25.7.2019 issued by the 4th respondent till then forbearing the respondents from taking coercive action in the subject matter of the property covering under the Rayat Patta No.RPTI/1079/13 in the name of the 2nd petitioner to an extent of 0.0223 sq.mt. of Madhavaram Taluk, Tiruvellore District in Survey Field No.52 Old Survey No.1328 part.

For petitioners : Mr.K.Mohanamurali

For RR1, 2 & 4 : Mr.V.Jayaprakash Narayanan, Government Pleader For R3 : Mr.V.C.Selvasekaran, Standing Counsel

ORDER

(Order of the court was made by Dr.VINEET KOTHARI, J.) The only grievance of the Petitioners is that the Respondent-Authorities of the Revenue Department and the Greater Chennai Corporation, without deciding their representation or reply filed in pursuance of the notice issued by the Authority, are seeking to evict them from the premises at Survey Nos.649 and 1328 of No.2, Madhavaram Village to an extent of 97 sq.mts and 24 sq.mts respectively.

2. We do not find any necessity to give any such direction to the Respondent-Authorities as they are duty bound to decide the objections filed by the Petitioners. However, we direct the Petitioners to appear before the Authority concerned in the next week itself and the Authority concerned, after providing an opportunity of hearing and considering the evidence of the Petitioner, will decide the Objections/Reply filed by the Petitioner expeditiously and therefore, they will proceed only after such orders are passed by them. In case any adverse orders are passed against the Petitioners, they will be free to avail their legal remedy available under the respective Laws or by filing Civil Suit. The Writ Petition is disposed of accordingly. No costs. The connected Miscellaneous Petition is closed.

ssk.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Collector, Chennai District, First Line Beach, Chennai 600 001.

2. The Tahsildar,

3. The Zonal Officer, Greater Chennai Corporation, Zone - III, Madhavaram,

4. The Revenue Inspector, +1cc to Mr.K.Mohanamurali, Advocate, SR.No.80444 +1cc to the Govt.Pleader, Vide Sr.No.81291 W.P.No.27774 of 2019 Kak(27/09/2019)