Madras High CourtWP/30196/2018dismissed

K.Selvaraj v. The District Collector

2018-11-27Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. Nos.30196, 30199, 30202, 30207, 30208, 30210, 30215, 30219 and 30222 of 2018 and connected miscellaneous petitions 1 K.SELVARAJ ... PETITIONER in WP.NO.30196 OF 2018 1 R.CHITRA ... PETITIONER in WP No.30199 of 2018 1 RAJAMMAL ... PETITIONER in WP No.30202 of 2018 1 A.GUNA ... PETITIONER in WP No.30207 of 2018 1 M.MOHAMMED ALI ... PETITIONER in WP No.30208 of 2018 1 P.PRAMILA ... PETITIONER in WP No.30210 of 2018 1 L.SRINIVASAN ... PETITIONER in WP No.30215 of 2018 1 V.RAMAR ... PETITIONER in WP No.30219 of 2018 1 V.SUDHAKAR ... PETITIONER in WP No.30222 of 2018 -vs1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Ambattur, Chennai 600 053.

3.The Revenue Inspector, Korattur, Chennai.

4.The Divisional Officer, PWD, Red Hills Irrigation Division, Red Hills, Chennai 600 052.

5.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai.

Respondents in all Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus i)to forbear the respondents from in any manner interfering with the possession and enjoyment of the petitioner in respect of the property in No.53/20, Sabari Ayappan Nagar, Ambattur Taluk, Thiruvallur District, having purchased the same in Survey No.2 by way of a sale deed dated 24.03.2014. (WP.No.30196/2018) ii)For bearing the respondents from in any manner interfering with the possession and enjoyment of the petitioner in respect of the property in Plot No.20A, Bharat Nagar Extn., Meenambedu Village, Ambattur Taluk, Thiruvallur District, in Survey No.2 having purchased the same by way of a sale deed dated 04.09.1998( WP No.

30199 of 2018) iii)Forbearing the respondents from in any manner interfering with the possession and enjoyment of the petitioner in respect of the property in Plot No.114 and 115, Sabari Ayappan Nagar, Ambattur Taluk, Thiruvallur District, having purchased the same in Survey No.4 by way of a sale deed dated 07.09.1992 ( WP No.30202 of 2018 ) iv)Forbearing the respondents from in any manner interfering with the possession and enjoyment of the petitioner in respect of the property in Plot Nos.7 and 8, Bharath Nagar, Meenambedu, Ambattur comprised in Survey No.2/1 of Meenambedu Village, Ambattur Taluk, Thiruvallur District ( WP No.30207 of 2018 ) V)Forbearing the respondents from in any manner interfering with the possession and enjoyment of the petitioner in respect of the property in D.No.12 and 13 Bharath Nagar Extn.

, Meenambedu, Ambattur comprised in Survey No.2 of Meenambedu Village, Ambattur Taluk, Thiruvallur District having purchased the same by way of a registered sale deed dated 08.09.2005 registered as Doc.No.9502 of 2005 on the file of Sub Registrar, Ambattur, Thiruvallur District ( WP No.

interfering with the possession and enjoyment of the petitioner in respect of the property in D.No.85, Sabari Ayappan Nagar, Meenambedu, Ambattur comprised in Survey No.4 of Meenambedu Village, Ambattur Taluk, Thiruvallur District having purchased the same by way of a registered sale deed dated 10.09.1999 (WP No.30210 of 2018) Vii)Forbearing the respondents from in any manner interfering with the possession and enjoyment of the petitioner in respect of the property in Plot No.116, Sabari Ayappan Nagar, Meenambedu, Ambattur Taluk, Thiruvallur Distict, having purchased the same in Survey No.4 by way of a sale deed dated 31.03.2001 ( WP No.30215 of 2018 ) Viii) Forbearing the respondents from in any manner interfering with the possession and enjoyment of the petitioner in respect of the property in D.No.

110, Sabari Ayappan Nagar, Meenambedu, Ambattur comprised in Survey No.4 of Sabari Ayappan Nagar, Meenambedu Village, Ambattur Taluk, Thiruvallur Distict, having purchased the same by way of a sale deed dated 28.07.2003 (WP No.30219 of 2018 ) ix)Forbearing the respondents from in any manner interfering with the possession and enjoyment of the petitioner in respect of the property in Plot No.75, Sabari Ayappan Nagar, Meenambedu, Ambattur Taluk, Thiruvallur District having purchased the same in Survey No.4 by way of a sale deed dated 19.03.1999 ( WP No.30222 of 2018 ) For Petitioner in all WPs.

M/s.AL.Gandhimathi For Respondents in all WPs.

Mr.V.Jayaprakash Narayanan Govt. Pleader (I/c.) for RR 1 to 4 :

Mr.Karthik Rajan for R-5 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) These writ petitions have been preferred by the petitioners as they have an apprehension that they will be evicted from the properties mentioned in the writ petitions.

2.Learned Government Pleader (In-charge) takes notice on behalf of respondent nos.1 to 5 and states that the petitioners will not be evicted from the respective properties without following due process of law.

3.In view of the statement made by the learned Government Pleader (In-charge), we see no cause to interfere at this stage and the writ petitions are, accordingly, dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Tahsildar, Ambattur, Chennai 600 053.

3.The Revenue Inspector, Korattur, Chennai.

4.The Divisional Officer, PWD, Red Hills Irrigation Division, Red Hills, Chennai 600 052.

5.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai.

+9cc's to Mr.AL.Gandhimathi, Advocate, S.R.No. 81123 +1cc to Mr.Karthik Rajan, Advocate, S.R.No. 81187 +1cc to the Government Pleader, S.R.No. 81334 W.P.Nos.30196, 30199, 30202, 30207, 30208, 30210, 30215, 30219 and 30222 of 2018 RR(CO) GN(28/11/2018)