K.Sahadevan v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.Nos.38506 to 38509 of 2016 and connected miscellaneous petitions K.Sahadevan .. Petitioner in W.P.38506 of 2016 E.Sasikumar .. Petitioner in W.P.38507 of 2016 M.Venkatavaradhan .. Petitioner in W.P.38508 of 2016 R.Sundar .. Petitioner in W.P.38509 of 2016 -vs1.The Assistant Engineer, Public Works Department, Irrigation Division, Vedoor Dam, Tindivanam Taluk, Villupuram District.
2.The Tahsildar, Tindivanam Taluk, Villupuram District.
3.The District Collector, Villupuram District, Villupuram.
.. Respondents in WPs.
Writ Petition Nos.38506 to38508 of 2016 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records comprised of the Proceedings of the third respondent dated 22.09.2016 issued under Section 6(1) of the Tamil Nadu Land Encroachment Act, 1905 and quash the same and consequently issue a mandamus directing
the respondent not to in any manner interfere with the peaceful possession of the properties belonging to the petitioner measuring up to 3.00.0 hectares situated in Padirapuliyur Village, Tindivanam Taluk, Villupuram District other than by invoking the due process of law for the purpose of eviction. Writ Petition No.38509 of 2016 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records comprised of the Proceedings of the third respondent dated 22.09.2016 issued under Section 6(1) of the Tamil Nadu Land Encroachment Act, 1905 and quash the same and consequently issue a mandamus directing the respondent not to in any manner interfere with the peaceful possession of the properties belonging to the petitioner measuring up to 2.10.0 hectares situated in Padirapuliyur Village, Tindivanam Taluk, Villupuram District other than by invoking the due process of law for the purpose of eviction. For Petitioners :
Mr.R.Thiagarajan For Respondents :
Mr.M.K.Subramanian Govt. Pleader for R1 to R3 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The learned Government Pleader states on the basis of the representations already made by some of the persons occupying the land seeking time for harvesting and agreeing to remove the encroachments themselves that wherever such representations are filed, the relief to the limited extent will be granted.
2. We take the aforesaid statement on record and dispose of the writ petitions that being the only relief pressed before us, leaving the parties to bear their own costs. Consequently, all connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
bbr To 1.The Assistant Engineer, Public Works Department, Irrigation Division, Vedoor Dam, Tindivanam Taluk, Villupuram District.
2.The Tahsildar, Tindivanam Taluk, Villupuram District.
3.The District Collector, Villupuram District, Villupuram.
+4cc to Mr.R. Thiagarajan, Advocate, S.R.No.62885 to 62887 +1cc to the Government Pleader, S.R.No.63107 ppa(CO) md(18/11/2016) W.P.Nos.38506 to 38509 of 2016