Saraswathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.34834 of 2018 1.Saraswathi 2.Rani .. Petitioners -vs1.The District Collector, 2.The Tahsildar, Madurantakam Taluk, 3.Sekar .. Respondents Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents not to dispossess the petitioners from their respective houses situated at Janagipuram Village, Madurantakam Taluk, Kancheepuram District comprised in Survey No.223/3 (Meikkal Poramboke) without following procedure established by law concerned in the light of the order of this Hon'ble Court in W.P.No.6319/2014 dated 31.08.2018 apart from complying the principles of natural justice.

For Petitioners : Mr.K.Thilagaraj For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondent Nos.1 and 2

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioners are seeking direction to respondent Nos.1 and 2 i.e., the District Collector, Kancheepuram District and the Tahsildar, Madurantakam Taluk, Kancheepuram District not to dispossess them from their houses situated at Janagipuram Village, Madurantakam Taluk, Kancheepuram District comprised in Survey No.223/3 (Meikkal Poramboke) without following the procedure established by law.

2. The learned Government Advocate appearing for respondent Nos.1 and 2 submitted that the Revenue Inspector of Karunguzhi has issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 dated 27.12.2018 to the petitioners. The learned Government Advocate further submitted that the petitioners will not be dispossessed from their houses without following the procedure established by law.

3. In view of the said statement made by the learned Government Advocate, no further directions are necessary in this writ petition.

4. The writ petition is dismissed with the above observation. No costs. Consequently, W.M.P.No.40385 of 2018 is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To 1.The District Collector,

2.The Tahsildar, Madurantakam Taluk, +1cc to Mr.Thilagaraj, Advocate Sr.2132 +1cc to the Government Pleader Sr.2712 W.P. No.34834 of 2018 mg[co] srg 29/01/2019