Kasimariappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.30887, 30889, 20890 & 30891 of 2023 Petitioner in Kasimariappan ..

W.P.No.30887 of 2023 Petitioner in S.Ponnurangam ..

W.P.No.30889 of 2023 Petitioner in M.Elumalai ..

W.P.No.30890 of 2023 Petitioner in M.Rajesh ..

W.P.No.30891 of 2023 Vs.

1. The District Collector Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer Thiruvallur Division, Thiruvallur District.

3. The Tahsildar Avadi Taluk, Thiruvallur District.

4. The Revenue Inspector Avadi Sub-Division Thiruvallur District.

..

Respondents in all W.Ps Common Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the respondents from anyway dispossessing the petitioner from his land in survey No.536 to an extent of 2249 1⁄2 Sq.ft situated at No.25, MGR Nagar, Paruthipattudu Village, Avadi Taluk, Thiruvallur District without following the acquisition proceedings and consequently provide compensation for the illegal demolition of the petitioner's home based on his representation dated 18.05.2023 and 07.08.2023. For the Petitioners in all W.Ps : Mr.K.T.S.Sivakumar for Mr.P.Rajesh For the Respondents in all W.Ps : Mr.P.Muthukumar State Government Pleader COMMON ORDER (Made by the Hon'ble Chief Justice) Heard Mr.K.T.S.Sivakumar, learned counsel appearing for Mr.P.Rajesh, learned counsel for the petitioners in all petitions and Mr.P.Muthukumar, learned State Government Pleader for the respondents in all petitions.

2. Learned counsel for the petitioners submits that the

petitioners have been issued pattas, however, the respondents have issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 contending that the petitioners have encroached the land in S.No.536. The same is illegal. The petitioners are in occupation of their own properties situated in S.No.536.

3. It is submitted that the respondents have demolished the structures of the petitioners on 09.03.2023. Representations have been given to the Collector to conduct an enquiry.

4. The petitioners have the right to get their land measured. The petitioners may make applications for measurement of their lands along with the necessary fees. If such applications are made by the petitioners, then the competent authority shall undertake measurement of the lands of the petitioners and demarcate the same. Depending upon the report of the measurement, the parties may take further steps.

5. In view of that, the writ petitions stand disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.11.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer Thiruvallur Division, Thiruvallur District.

3. The Tahsildar Avadi Taluk, Thiruvallur District.

4. The Revenue Inspector Avadi Sub-Division Thiruvallur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 01.11.2023