A.Kumaresan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. Nos.31643, 31648 and 31650 of 2018 and W.M.P.Nos.36882, 36891 and 36887 of 2018 A.Kumaresan .. Petitioner in WP.31643/18 P.Adhi Lakshmi .. Petitioner in WP.31648/18 Amala Das .. Petitioner in WP.31650/18 -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 WPs.

Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the respondents from in any manner interfering with the possession and enjoyment of the petitioners in respect of the property in (i)D.No.77, Sabari Ayappan Nagar, Meenambedu, Ambattur, Chennai 600 053; (ii) D.No.4, Sabari Ayappan Nagar, Meenambedu, Ambattur, Chennai 600 053; and (iii) D.No.106, Bharat Nagar Extn., Meemnambedu, Ambattur, comprised in Survey No.2 of Bharati Nagar Extension, Meenambedu Village, Ambattur Taluk, Thiruvallur District, respectively.

For Petitioners :

M/s.AL.Gandhimathi For Respondents :

Mr.S.Kamalesh Kannan Govt. Advocate 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 their respective properties, i.e., D.No.77, Sabari Ayappan Nagar, Meenambedu, Ambattur, Chennai 600 053; D.No.77, Sabari Ayappan Nagar, Meenambedu, Ambattur, Chennai 600 053; and D.No.106, Bharat Nagar Extn., Meemnambedu, Ambattur, comprised in Survey No.2 of Bharati Nagar Extension, Meenambedu Village, Ambattur Taluk, Thiruvallur District.

2.Mr.S.Kamalesh Kannan, learned Government Advocate, takes notice on behalf of respondent nos.1 to 4 and Mr.Karthik Rajan, learned counsel, takes notice on behalf of respondent no.5. They state that the petitioners will not be evicted from their respective properties without following the due process of law.

3.In view of the statement made by the learned counsel for the respondents, 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(CS) //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.

+3cc to M/s.AL.Gandhimathi , Advocate SR.No.86517 +1cc to Mr..Karthik Rajan, Advocate SR.No.86926 +1 CC TO GOVERNMENT PLEADER SR.NO. 87396 W.P.Nos.31643, 31648 and 31650 of 2018 ASK(03/01/2019)