Kaja Mohideen v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.8200 of 2018 and W.M.P(MD)Nos.7760 of 2018 Kaja Mohideen ... Petitioner Vs.

The Tahsildar, Agasteeswaram Taluk, Nagercoil.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondent from evicting the petitioner from the property in door No.5-51A, Muslim Street, Kanyakumari Town, without following the relevant provisions of law and consequently directing the respondent and his subordinates to strictly adhere to the due process of law. For Petitioner : Mr.R.M.Arun Swaminathan

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Mandamus, forbearing the respondent from evicting the petitioner from the property in door No.5-51A, Muslim Street, Kanyakumari Town, without following the relevant provisions of law and consequently direct the respondent and his subordinates to strictly adhere to the due process of law.

2.The learned counsel appearing for the petitioner submitted that the respondent, without following the due process of law, is trying to dispossess the petitioner from the property. Further, the learned counsel for the petitioner submitted that the petitioner and his father were running the tea-shop for more than five decades.

3.Mr.A.K.Baskara Pandian, learned Special Government Pleader, who takes notice for the respondent, submitted that the petitioner had encroached the property and the respondent, would take action against the petitioner only in accordance with law and https://hcservices.ecourts.gov.in/hcservices/

shall not dispossess the petitioner in illegal manner. 4.Recording the submission made by the learned Special Government Pleader, we do not think that any further orders are required in this case, for the reason that the respondent is going to evict the petitioner, only following the due process of law. 5.With this observation, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To The Tahsildar, Agasteeswaram Taluk, Nagercoil.

+1CC to Spl.Government Pleader SR.No. 61397 W.P(MD)No.8200 of 2018 13.04.2018 VS KK/SV MMS/SAR-4/16.04.2018/2P-3C https://hcservices.ecourts.gov.in/hcservices/