Madras High CourtWP/29617/2019disposed of

Suresh, v. The Commissioner,

2024-09-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.29517 of 2019 Suresh ....

Petitioner Vs 1.The Commissioner, Narasingapuram Municipality, Attur Taluk, Salem District 636 108.

2.The Building Inspector, Narasingapuram Municipality, Attur Taluk, Salem District - 636 108.

3.The Tax Collector, Narasingapuram Municipality, Attur Taluk, Salem District - 636 108.

....

Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents not to illegally interfere with the peaceful possession and enjoyment of the schedule mentioned property as lawful owner of the property. For Petitioner : Mr.B.S.Sundaramoorthi

For R1 to R3 : Mr.V.Manoharan Additional Government Pleader

ORDER

This Writ Petition has been filed for a direction, directing the respondents not to interfere with the peaceful possession and enjoyment of the subject property.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner's grandfather purchased a land comprised in Survey No. 208/6, admeasuring 0.39 cents situated at Narasingapuram Village, Attur Taluk, Salem District, by a registered sale deed dated 07.03.1960. Out of which, he sold out to an extent of 1397.25 sq.ft, by a registered sale deed dated 04.03.1983 to one Murgaiyyan. The said land was purchased by the petitioner's father by a registered sale deed dated 09.12.1985 from the said Murugaiyan. After demise of his father, the petitioner, his mother and two other sisters inherited the said property. While being so, the respondents attempted to evict the petitioner from the said property.

4. Considering the above, the respondents are hereby directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner except due process of law.

5. With the above direction, this writ petition stands disposed of. Consequently connected miscellaneous petition is closed. No costs.

02.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Commissioner, Narasingapuram Municipality, Attur Taluk, Salem District 636 108.

2.The Building Inspector, Narasingapuram Municipality, Attur Taluk, Salem District - 636 108.

G.K.ILANTHIRAIYAN. J, Lpp 3.The Tax Collector, Narasingapuram Municipality, Attur Taluk, Salem District - 636 108.

02.09.2024