Madras High CourtWP(MD)/13044/2010disposed of

S.Gunaseelan, Aged 41 Years v. The District Collector,

2023-07-06Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2010 & W.M.P(MD)No.1106 of 2017 S.Gunaseelan ... Petitioner Vs 1.The District Collector, Tirunelveli District.

2.The Commissioner, Corporation of Tirunelveli, Tirunelveli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 not to evict the petitioner from the premises in Survey No. 299/A, 299/B, measuring 35 cents, Karunathadaiyarpuram village, Kokkirakulam, Palayamkottai Taluk, Tirunelveli District without following any due process of law. For Petitioner : Mr.D.Selvanayagam 1/4

For Respondents : Mrs.K.Christy Theboral Additional Government Pleader for R.1 Mr.Aayiram K.Selvakumar for R.2

ORDER

Heard the learned counsel on either side.

2. The petitioner is carrying on agricultural operations in the petition mentioned survey numbers. It is said to be a part of Thamirabarani River bed. The petitioner has planted some trees and is eking out his livelihood by taking the usufructs. Apprehending eviction, the present writ petition came to be filed.

3. The prayer in this writ petition is that the petitioner should not be evicted except by following due process of law. The petitioner gives an undertaking before this Court that he will not put up any other developmental activities. In other words, he will not put up any construction. He will only maintain the trees and plant some vegetables and he will not indulge in any other acts.

4. The petitioner is in possession and the respondents will have to necessarily follow due process of law. The petitioner cannot be arbitrarily or summarily thrown out.

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5. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 06.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Tirunelveli District.

2.The Commissioner, Corporation of Tirunelveli, Tirunelveli.

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G.R.SWAMINATHAN, J.

MGA and M.P(MD)No.1 of 2010 & W.M.P(MD)No.1106 of 2017 06.07.2023 4/4