Madras High CourtWP(MD)/1688/2024disposed of

Ramanathan v. The Thasildar

2024-02-01Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1688 of 2024 and W.M.P.(MD)No.1714 of 2024 Ramanathan ... Petitioner Vs.

1.The Thasildar, Virudhunagar.

2.Revenue Inspector, Amathur, Virudhunagar.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for records in respect of notice under Section 6 of the Tamil Nadu Land Encroachment Act issued by the respondent No.1 dated 21.12.2023 and quash the same as arbitrary illegal null and void and direct the respondents not to evict the petitioner.

For Petitioner :

Ms.P.Malini For Respondents :

Mr.N.Satheesh Kumar, Addl. Government Pleader.

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for records in respect of notice under Section 6 of the Tamil Nadu Land Encroachment Act issued by the respondent No.1 dated 21.12.2023 and quash the same as arbitrary illegal null and void and direct the respondents not to evict the petitioner.

2. When the matter was taken up for hearing on 30.01.2024, the learned counsel appearing for the petitioner has agreed that the petitioner will vacate the property in question within two months. Therefore, this matter was directed to be listed today ie., on 01.02.2024 for filing undertaking affidavit by the petitioner.

3. Today, the petitioner has filed an undertaking affidavit dated 31.01.2024 and requested two months time to vacate the property in question. Therefore, we are inclined to grant two months time to the petitioner for vacating the property in question.

4. Accordingly, the petitioner is directed to vacate the property in question on or before 31.03.2024, failing which, without issuing any further notice, the respondents shall evict the petitioner in the property in question.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 01.02.2024 NCC : Yes / No Index : Yes / No vsm

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm To 1.The Thasildar, Virudhunagar.

2.Revenue Inspector, Amathur, Virudhunagar.

01.02.2024