Madras High CourtWP/41961/2016disposed of

S.Ramasamy, v. The Commissioner,

2016-12-08Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.41961 & 41962 of 2016 and W.M.P.Nos.35920 & 35921 of 2016 S.Ramasamy .. Petitioner in W.P.No.41961/2016 K.Muthusamy .. Petitioner in W.P.No.41962/2016 -vs1.The Commissioner, Land Administration, Chepauk, Chennai-600 005.

2.The District Collector, Namakkal District, Namakkal.

3.The Tahsildar, Senthamangalam Taluk, Namakkal District.

.. Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the third respondent from proceeding further based upon the order made in Na.Ka.No.21028/2016/L5, dated 02.11.2016 by the second respondent to evict the petitioners from the lands in S.No.297/2, Pavithrampudur village, Senthamangalam Taluk, Namakkal District pending disposal of the Revision Petition filed by the petitioners before the first respondent under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905 on 21.11.2016.

For Petitioners :

Mr.R.Karthikeyan For Respondents :

Mr.R.Vijayakumar Addl. Government Pleader https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The encroached portion is stated to have been taken over by the respondents. The Revision Petitions of the petitioners are pending. Naturally, if the petitioners succeeds ultimately to establish that they owns patta of the lands, either restoration has to take place or that portion has to be acquired as per the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. The writ petitions, accordingly, stand disposed of. No costs. Consequently, W.M.P.Nos.35920 & 35921 of 2016 are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Commissioner, Land Administration, Chepauk, Chennai-600 005.

2.The District Collector, Namakkal District, Namakkal.

3.The Tahsildar, Senthamangalam Taluk, Namakkal District.

+1cc to Mr.R. Karthikeyan, Advocate, S.R.No.72260 and 72261 +1cc to the Government Pleader, S.R.No.72639 msm(CO) md(22/12/2016) W.P.Nos.41961 & 41962 of 2016 https://hcservices.ecourts.gov.in/hcservices/