Rakkammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022 CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN and WMP(MD)No.1903 of 2022 Rakkammal ... Petitioner vs.
1) The District Collector, Pudukottai District.
2) The Revenue Divisional Officer, Arandhangi Taluk, Pudukottai District.
3) The Tahsildar, Arandhangi Taluk, Pudukottai District.
4) The President, Aamanji Panchayat Union, Arandhangi Taluk, Pudukottai District.
... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order dated 20.01.2022 passed by the 4th respondent vide proceedings Oo.Letter No.10/2021-2022 and quash the same as illegal.
For Petitioner : Mr.C.Senthil Murugan For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader For R4 : Mr.Sadiq Raja
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The writ petition is filed challenging the order passed by the 4th respondent directing the petitioner to vacate from Survey 1/3
No.145/1 to an extent that she has encroached upon the land without any valid right or title.
2.
The said order was passed pursuant to the direction issued by this Court on 26.04.2021 in W.P(MD)No.5225 of 2021, wherein, a direction was given to proceed with the survey and thereafter pass appropriate orders on merits and in accordance with law. The impugned order clearly indicates that pursuant to the direction given by this Court, a survey was conducted by the Block Development Officer with the help of the Surveyor and the petitioner was found to be an encroacher as has been indicated in the said notice. 3.
Even in the writ petition, the petitioner has not stated as to how she owns the said extent by either filing her title deed or patta or any other document to support her valid possession. As she has been found to be an encroacher squatting over the property belonging to the Government, the order of eviction has rightly been passed which this Court does not want to interfere. Considering the fact that she put up a tin shed, two months time from today is granted for removing and handing over the vacant possession to the authorities.
4.
Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar To
1) The District Collector, Pudukottai District.
2) The Revenue Divisional Officer, Arandhangi Taluk, Pudukottai District.
3) The Tahsildar, Arandhangi Taluk, Pudukottai District.
4) The President, Aamanji Panchayat Union, Arandhangi Taluk, Pudukottai District.
2/3
+1 CC to M/s.SPL.GP ( SR-4228[F] dated 04/02/2022 ) +1 CC to M/s.D.SADIQ RAJA, Advocate ( SR-4350[F] dated 04/02/2022 ) ORDER MADE IN DATED : 03.02.2022 bala MS/15.02.2022/3P.7C 3/3