Mrs. Amulu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.9484 of 2016 and W.M.P. No.8503 of 2016 Amulu ... Petitioner Vs.

1.

The District Collector Ariyalur District Ariyalur The Revenue Divisional Officer Udayarpalayam Taluk Ariyalur District The Tahsildar Udayarpalayam Taluk Ariyalur District The Commissioner Jeyamkondam Municipality Udayarpalayam Taluk, Ariyalur District 5.

The Assistant Engineer Highways Jeyamkondam, Udayarpalayam Taluk Ariyalur District 6.

The Divisional Engineer Highways, Tiruchirappalli ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents from taking any coercive measures to evict the petitioner from the premises bearing Survey No.439, measuring an extent of 0.10 cents, situated at No.36-A, New No.33, Chidamparam Road, Jeyamkondam Town, Udayarpalayam Taluk, Ariyalur District without following the due process of law.

For petitioner : Mr. J. Selvarajan For RR 1-3, 5 & 6 : Mr. P.S. Sivashanmugasundaram Special Government Pleader For R4 : Mr. K. Karthikeyan Government Advocate

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for respondents 1 to 3, 5 and 6 respondents. Mr. K. Karthikeyan, learned Government Advocate, accepts notice for the fourth respondent.

This writ petition is filed seeking a writ of mandamus forbearing the respondents from taking any coercive measures to evict the petitioner from the premises bearing Survey No.439, measuring an extent of 0.10 cents, situated at No.36-A, New No.33, Chidamparam Road, Jeyamkondam Town, Udayarpalayam Taluk, Ariyalur District, without following the due process of law. The instant writ petition is filed by the petitioner based on the mere apprehension that she will be evicted from her aforestated premises, without giving an opportunity to her. On a bare perusal of the pleadings, one can easily make out that the petitioner's apprehension is not borne out of any record. Further, it cannot be presumed and held that the authorities will not take action in accordance with the procedure and law. Thus, we are not inclined to entertain this writ petition. However, we hope and trust that the authorities will take action in accordance with law and on its own merits. The writ petition stands dismissed with the above observation. Costs made easy. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar cad

To 1.

The District Collector Ariyalur District Ariyalur The Revenue Divisional Officer Udayarpalayam Taluk Ariyalur District The Tahsildar Udayarpalayam Taluk Ariyalur District The Commissioner Jeyamkondam Municipality Udayarpalayam Taluk Ariyalur District 5.

The Assistant Engineer Highways Jeyamkondam Udayarpalayam Taluk Ariyalur District 6.

The Divisional Engineer Highways Tiruchirappalli +1cc to Mr.K. Karthikeyan, Advocate, S.R.No.16611 +1cc to the Government Pleader, S.R.No.16694 W.P. No.9484 of 2016 CA(CO) CA(23/03/2016)