Thirunavukarasu v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN W.M.P.(MD).No.1067 of 2024 1.Thirunavukarasu 2.Sigamani 3.Pechi 4.Backiaym 5.Jeyakodi .. Petitioners Vs.

1.The Block Development Officer, Thiruppuvanam Taluk, Sivagangai District.

2.The President, T.Alangulam Panchayat, Thiruppuvanam Taluk, Sivagangai District.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to abstain from taking any action against the petitioners' possession and enjoyment of their houses without due process of law or without issuing notice and the Section 7 of the Land Encroachment Act in respect of the lands in Survey Number 276/5, 277/7, 279/12 and 276/27 in T.Alangulam Village, Thiruppuvanam Taluk, Sivagangai District.

For Petitioners : Mr.S.Srikanth for M/s.APN Law Associates For R-1 : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

DR.G.JAYACHANDRAN,J.

K.K.RAMAKRISHNAN,J.

The present Writ Petition is filed for issuance of Mandamus directing the respondents to abstain from taking any action against the petitioners' possession and enjoyment of their houses without due process of law or without issuing notice under Section 7 of the Land Encroachment Act in respect of the lands in Survey Nos.276/5, 277/7, 279/12 and 276/27 in T.Alangulam Village, Thiruppuvanam Taluk, Sivagangai District.

2. Though the petitioners are protected by an order of this Court dated 25.04.2023 in W.P.(MD).No.9704 of 2023, apprehending forceful eviction, the present Writ Petition is filed by the villagers, claiming to be the occupiers of the land.

3. The learned Additional Government Pleader appearing for the first respondent submits that the direction of the First Bench of this Court in the Writ Petition cited above will be scrupulously followed and the apprehension of the petitioners is premature and unfounded.

4. In the light of the above submission, recording the assurance given by the learned Additional Government Pleader, the Writ Petition is disposed of as premature. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. (G.J.,J.) (K.K.R.K.,J.) 19.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To The Block Development Officer, Thiruppuvanam Taluk, Sivagangai District.

DR.G.JAYACHANDRAN,J.

K.K.RAMAKRISHNAN,J.

Lm 19.01.2024