Kaliyannan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.10534 of 2017 and W.M.P. No. 11441 of 2017

1. K. Kaliyannan

2. Arthanari ... Petitioners v.

1. The District Collector, Perambalur.

2. The District Forest Officer, O/o. District Forest Office,

3. The Revenue Divisional Officer, Perambalur, - 621 220, Perambalur District.

4. The Revenue Tasildhar, Perambalur Taluk,

5. The Forest Ranger, O/o Forst Ranger, Perambalur, Perambalur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd and 5th respondents not to disturb the peaceful possession of the petitioners in S.F. No.1/3,1/5, Keezhakarai Village, Perambalur Taluk, Perambalur District without following the due process of law.

For Petitioners : Mr. P. Senniyangiri For Respondents : Ms. A. Mathumathi, Special Govt. Pleader - For R1,3&4 Mr. M. Elumalai, Additional Govt. Pleader - 2 & 5

O R D E R

The petitioners have filed the above Writ Petition to issue a Writ of Mandamus, directing the respondents 2 and 5 not to disturb the peaceful possession of the petitioners in respect of the land in S.F. Nos.1/3 and 1/5, Keezhakarai Village, Perambalur Taluk, Perambalur District, without following the due process of law.

2. It is the apprehension of the petitioners that the respondents 2 and 5 would dispossess the petitioners from the petitioners' land in question without following due process of law.

3. Mr. M. Elumalai, learned Additional Government Pleader appearing for the respondents 2 and 5 submitted that the respondents 2 and 5 shall not dispossess the petitioners except following due process of law.

4. Ms. A. Mathumathi, learned Special Government Pleader appearing for the respondents 1, 3 and 4 also submitted that the respondents would follow due process of law before evicting the petitioners from the land in question.

5. Having regard to the submissions made by the learned counsel on either side and also recording the submissions made by the Additional Government Pleader appearing for the respondents 2 and 5 to the effect that the respondents 2 and 5 shall not dispossess the petitioners from the land in question except following the due process of law, the Writ Petition stands closed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Rj To

1. The District Collector, Perambalur.

2. The District Forest Officer, O/o. District Forest Office,

3. The Revenue Divisional Officer, Perambalur, - 621 220, Perambalur District.

4. The Revenue Tasildhar, Perambalur Taluk,

5. The Forest Ranger, O/o Forst Ranger, +1 cc to Government Pleader Sr.No. 41444 W.P.No.10534 of 2017 and W.M.P. No. 11441 of 2017 A.SK(07.01.2021)