Madras High CourtWP(MD)/1219/2021disposed of

A.Chinnakaruppan v. The Secretary To Government

2021-01-27Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)Nos.1219, 1227, 1235 and 1242 of 2021 and W.M.P.(MD) Nos.1042, 1045, 1046, 1047, 1053, 1055,1057, 1058 (Through Video Conferencing) A.Chinnakaruppan : Petitioner in P.Karuppaiah : Petitioner in W.P.(MD) NO.1227/21 M.Mookkan : Petitioner in W.P.(MD) No.1235/21 M.Adiyakki : Petitioner in W.P.(MD) NO.1242/21 Vs.

1.The Secretary to Government Revenue and Disaster Management Department Fort St. George, Chennai-9.

2.The Secretary to Government Forest Department Fort St. George, Chennai-9.

3.The Secretary to Government Agriculture Department Fort St. George, Chennai-9.

4.The Commissioner Land Administration Ezhilagam Chennai.

5.The District Collector Sivagangai District, Sivagangai.

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6.The District Collector, Ramanathapuram District Ramanathapuram.

7.The District Forest Officer, O/o. District Forest Officer, District Forest Campus Sivagangai District.

: Respondents in all W.Ps.

COMMON PRAYER: Petitions are filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the notice issued by 7th respondent in Na.Ka.Nos.NIL in Wps 1219 & 1242/2021 and 256 of 2020 in Wps 1227, 1235/2021 dated 02.11.2020 and quash the same as without jurisdiction, and consequently forbear the respondents from evicting the petitioners from the properties in R.S.No.212 Naranamangalam Village.

For Petitioners : Mr.N.S.Karthikeyan (in all Wps) For Respondents : Mr.K.P.Krishnadoss (in all Wps) Special Government Pleader COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) In view of the commonality of the issues involved in all these writ petitions, they have been taken up and disposed of by this common order.

2.The petitioners challenged the notices issued by the respondent No.7 dated 02.11.2020, by which, the alleged encroachments made by them was sought to be evicted. The petitioners are accordingly informed that they should give their reply within a period of 15 days from the date of receipt of the order, failing which, orders would be passed. 3.Though the learned counsel for the petitioners sought to make submissions on merits, we are not inclined to entertain them for the sole reason that the impugned notices are merely show cause notices. We also find that the District Collector has already passed an order way back in the year 2004 declaring the lands as reserved lands. The petitioners are also given their response on 16.11.2020. 4.In such view of the matter, we call upon the respondent No.7 to pass appropriate final orders on them within a period of six 2/4

weeks from the date of receipt of a copy of this order. Needless to say that till such time, status quo as on today shall be maintained. The respondent No.7 shall also give personal hearing to the petitioners before passing final orders as aforesaid. 5.The writ petitions are disposed of accordingly. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary to Government Revenue and Disaster Management Department Fort St. George, Chennai-9.