Ranjitham v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.1499 of 2025 Ranjitham ... Petitioner /Vs./
1. The District Collector
2. The Superintendent of Police
3. The Deputy Superintendent of Police, Sankarankovil, Tenkasi District.
4. The Inspector of Police Thiruvengadam Police Station,
5. The Tahsildar
6. The Revenue Inspector 1/6
7. The Village Administrative Officer, 18-Perunkottu Village, ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 4 to 6 from interfering into the possession of the petitioner's properties to an extent of 4 acres and 67 cents situated in Survey Nos. 421/1, 421/2 and 421/3B , Perunkottur village Thiruvengadam Taluk Tenkasi District. For Petitioner : Mr.R.Anand For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R1,5,6&7 : Mrs.M.Aasha, Government Advocate (Crl.Side) for R2-4
ORDER
This Writ Petition has been filed for a direction, forbearing the respondents 4 to 6 from interfering into the possession of the petitioner's properties to an extent of 4.67 Acres, comprised in Survey Nos. 421/1, 421/2 and 421/3B, situated at Perunkottur village, Thiruvengadam Taluk, Tenkasi District.
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2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner owned property comprised in Survey Nos. 421/1, 421/2 and 421/3B, to an extent of 4.67 Acres, situated at Perunkottur village, Thiruvengadam Taluk, Tenkasi District. While being so, the respondents 4 to 6 came to his property, without any notice to the petitioner and damaged the fencing stone erected in a corner of the said property owned by him and they had also removed barbed wire and damaged the fencing. Therefore, the petitioner submitted representation.
4. The learned Government Counsel, on instructions, would submit that one Kottur Chellapandiyan, filed a writ petition in W.P.(MD)No. 30112 of 2024 and the Hon'ble Division Bench by an order dated 12.12.2024 for direction, directing the District Collector to acquire the lands comprised in S.Nos.420/1C, 420/2A, 420/B1, 420/2B2, 420/3, 421/1, 421/2, 421/3A1 from the pattadars under due process of law, to make the pathway to reach crematorium ground comprised in S.No. 3/6
421/14 and 464/1 situated at Perunkottur village, Thiruvengadam Taluk, Tenkasi District. In view of the above direction, process is going on. In order to stall the stay proceedings, now, the present writ petition has been filed alleging that the fourth respondent without due process of the law, damaged the fencing of the petitioner.
5. In view of the above, the respondents 4 to 6 are directed to proceed to complete the order passed by this court in W.P.(MD)No.30112 of 2024, dated 12.12.2024 by due process of the law.
6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Internet : Yes/No 27.01.2025 NCC : Yes / No LS 4/6
TO:-
1. The District Collector
2. The Superintendent of Police
3. The Deputy Superintendent of Police, Sankarankovil, Tenkasi District.
4. The Inspector of Police Thiruvengadam Police Station,
5. The Tahsildar
6. The Revenue Inspector
7. The Village Administrative Officer, 18-Perunkottu Village, Tenkasi District 5/6
G.K.ILANTHIRAIYAN , J.
LS Order made in Dated:
27.01.2025 6/6