Chinnachamy v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17445 of 2015 and MP(MD)No.1 of 2015 Chinnachamy ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Tahsildar, Natham Taluk, Dindigul District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents from evicting the petitioner in Plot No.81 in S.No.1125/19 to the extent of 2 cents of 13-Nadumandalam Village, Natham Taluk, Dindigul District without issuing Eviction Notice under Tamil Nadu Encroachment Act 1905.

For Petitioner : Mr.V.Kannan For Respondents : Mr.N.S.Karthikeyan, Spl. Govt. Pleader

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner has filed this writ petition apprehending that he would be dispossessed without due process of law. 2.Prayer in the writ petition is that the respondents should be directed to follow the procedure set out under Tamil Nadu Land Encroachment Act, 1905.

The respondents being statutory authorities would definitely not act arbitrarily or in a high handed manner. Therefore the writ petition is allowed forbearing the respondents from dispossessing the writ petitioner except by due process of law.

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3.This writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Natham Taluk, Dindigul District.

+1 cc to Mr.V.Kannan , Advocate in SR.No. 74720 +1 cc to The Special Government Pleader in SR.No.75086 Skm/Arul AE/MR KKR/SAR4/19.09.2017/2P/5C W.P(MD)No.17445 of 2015 24.08.2017 https://hcservices.ecourts.gov.in/hcservices/