C.Patchimuthu, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2015

CORAM:

THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)No.13921 of 2015 C.Patchimuthu ...

Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Thasildar, Devakottai, Sivagangai District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from evicting the petitioner except under due process of law from S.No.416/5, Devanduthavu, Kannakudi Post, Devakottai Taluk, Devakottai.

For Petitioner : Mr.S.M.S.Johnny Basha For Respondents : Mr.S.Kumar, AGP

ORDER

This Writ petition has been filed to issue a Writ of Mandamus, forbearing the respondents from evicting the petitioner in S.No.416/5 at Devanduthavu, Kannakudi Post, Devakottai Taluk, Devakottai, except under due process of law.

2.The case of the petitioner is that the petitioner is residing in S.No.416/5 at Devanduthavu, Kannakudi Post, Devakottai Taluk, Devakottai and the said land is classified as Natham. A patta has also been issued to the petitioner on 27.07.1992. 3.The grievance of the petitioner is that the respondents have threatened the petitioner, stating that he is occuping the road and that he should be evicted. The petitioner submitted that the respondents mistakenly classified his land in S.No.416/5 as road, as the land in S.No.415 is only classified as road. In all the revenue records, S.No.416/5 is allotted to the petitioner and in spite of the same, the respondents are threatening the petitioner. Hence, the petitioner is before this Court with the present Writ petition with the aforesaid prayer.

4.Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents.

5.Today the learned Additional Government Pleader on instruction from the respondents submitted that the petitioner has https://hcservices.ecourts.gov.in/hcservices/

not occupied the road and only S.No.415 is classified as road and therefore, the petitioner would not be evicted from S.No.416/5. 6.The said submission made by the learned Additional Government Pleader appearing for the respondents is recorded. Accordingly, the Writ petition is closed. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar nbj To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Thasildar, Devakottai, Sivagangai District.

+1cc Mr. MR.S.M.S.JOHNNY BASHA, Advocate Sr.No. 46132 +1cc to M/S.SPL.GOVT.PLEADER, SR NO:46355 W.P.(MD)No.13921 of 2015 12.08.2015 JAM/NGM-SS/5.9.15/2P-6C https://hcservices.ecourts.gov.in/hcservices/