Sandra Dawn Collins v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sandra Dawn Collins ..
Petitioner Vs.
1. The Principal Secretary Government of Tamil Nadu Revenue Department Fort St. George, Chennai - 600 001.
2. The Commissionerate of Land Administration II Floor, Ezilagam Chennai - 600 005.
3. The Collector Chengalput District Chengalput.
4. The Tahsildar Pallavaram Taluk, Pallavaram.
5. The Executive Officer Cantonment Board St. Thomas Mount Chennai - 600 015.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider the petitioner's representation dated 13.06.2023 and assign the land in her favour and direct the respondents not to interfere with my possession of property under S.No.437, No.52, Butt Road, St. Thomas Mount, Pallavaram, Chengalput District to an extent of 26032 Sq.ft. For the Petitioner : Mr.V.Viswanathan For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R5
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.V.Viswanathan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents.
2. Learned counsel for the petitioner submits that the petitioner is occupying the property continuously since the year 1934. Periodically, representations were made to the Government authorities for assignment of the land. The applications are not decided and the respondents have put up a board in the land possessed by the petitioner. The respondents have to adhere to the
provisions of law.
3. It is the case of the petitioner that the land is owned by the cantonment. Lease was executed in respect of the land and further lease has been executed in favour of the petitioner's predecessor by the person to whom the cantonment has leased out the land. According to learned counsel, his applications are pending for assignment. The respondents cannot take the law in their hands to evict the petitioner. Learned counsel for the petitioner also relies upon the assignments in respect of other lands owned by the cantonment.
4. The respondents have not yet resorted to any proceedings for eviction or repossessing the land. The respondent authorities naturally will have to follow the provisions of law before proceeding ahead. Merely putting the board would not amount to dispossession of the petitioner. In case the respondents want to take further steps, they shall follow the provisions of law by issuing notice and take such other steps as provided under the statute.
5. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.32712 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index :
Yes/No :
Yes/No drm
To
1. The Principal Secretary Government of Tamil Nadu Revenue Department Fort St. George, Chennai - 600 001.
2. The Commissionerate of Land Administration II Floor, Ezilagam Chennai - 600 005.
3. The Collector Chengalput District Chengalput.
4. The Tahsildar Pallavaram Taluk, Pallavaram.
5. The Executive Officer Cantonment Board St. Thomas Mount Chennai - 600 015.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 22.11.2023