T.Ramakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WMP(MD) No.242 of 2025 T.Ramakrishnan ... Petitioner Vs

1. The District Collector, Tirunelveli District.

2. The Tahsildar, Radhapuram Taluk, Tirunelveli District.

3. The Executive Officer, Special Grade Town Panchayat, North Valliyoor, Tirunelveli District.

4. Lawrance Prabhakaran ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus forbearing the respondents No. 2 to 4 from causing intrusion into the petitioners right of holding the possession of the petitioner domicile situated in Door No. 1/5

77C, Survey No. 1667/2, Ward No. I, Special Grade Town Panchayat, Valliyoor, Tirunelveli District without following the due process of law. For Petitioner : Mr.R.Anand For Respondents : Mr.S.Shaji Bino for R1 and R2 Special Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. Since no adverse orders are going to be passed against the 4th respondent, notice to the 4th respondent is dispensed with.

3. The petitioner has filed this writ petition for a mandamus to forbear the respondents 2 to 4 from causing intrusion into the petitioner's right of holding the possession of the petitioner domicile situated in Door No. 77C, Survey No. 1667/2, Ward No. I, Special Grade Town Panchayat, Valliyoor, Tirunelveli District without following the due process of law.

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3. The only apprehension of the petitioner is that the official respondents and the private respondent herein would resort to disturbing the possession of the petitioner, without following the due procedure contemplated under the Land Encroachment Act, 1971.

4. The learned Special Government Pleader submits that in case there is any encroachment in the subject lands, the same shall be removed, after following the due procedures provided under the Tamil Nadu Land Encroachment Act, 1971. In the light of such a submission, no further orders are required to be passed in this writ petition.

5. Accordingly, the writ petition stands closed. No costs. Consequently connected Miscellaneous Petition is closed. [M.S.R.,J] [A.D.M.C.,J] 08.01.2025 NCC : Yes/No Index : Yes/No RR 3/5

To

1. The District Collector, Tirunelveli District.

2. The Tahsildar, Radhapuram Taluk, Tirunelveli District.

3. The Executive Officer, Special Grade Town Panchayat, North Valliyoor, Tirunelveli District.

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M.S. RAMESH , J.

AND A.D.MARIA CLETE, J.

RR

ORDER

IN WP(MD) No.374 of 2025 Date : 08.01.2025 5/5