Madras High CourtWP(MD)/18115/2015disposed of

V.Ramu, S/O.Vellaichamy, v. The Commissioner Of Land

2015-10-07Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.18115 of 2015 1.V.Ramu 2.A.Aruldas 3.A.Antonyraj 4.G.Rayappan 5.L.Elias 6.R.Mariajohn 7.Mamangameenal 8.Manimegalai 9.M.Ramu 10.Poomayil 11.Ravi 12.Mahalakshmi 13.Arulandhu 14.Vanakamary 15.Chellapillai

...Petitioners

Vs.

1.The Commissioner of Land Administration, O/o.the Commissioner of Land Administration, Ezhilagam, Chennai 5.

2.The District Collector, Pudukottai District, Pudukottai.

3.The District Revenue Officer, Pudukottai District, Pudukottai.

4.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Aranthangi, Pudukottai District.

5.The Tahsildar, Avadaiyarkovil, Pudukottai District.

6.The Executive Engineer, Public Works Department/WRO, Aranthangi, Pudukottai District.

7.The Assistant Engineer, Public Works Department/WRO, Aranthangi, Pudukottai District.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from evicting the petitioners from the agricultural lands situated in S.Nos.135 136 137 138 139 at Pudukottai District without following the due process of law.

For Petitioner : Mr.T.Lajapathi Roy For Respondents :Mr.M.Alagathevan, Special Government Pleader

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The petitioners have come forward with this writ petition seeking to forbear the respondents from evicting them from the agricultural lands situated in S.Nos.135, 136, 137, 138 and 139 at Pudukottai District without following the due process of law. 2.According to the petitioners, they are in possession and enjoyment of the property in question from the year 1905. This fact is disputed by the revenue.

3.Based on the apprehension that the revenue authorities may take action to remove them from the property in question, the present writ petition has been filed.

4.Learned counsel for the petitioners submitted that the petitioners have made application for reclassification of the said land as revenue land before the District Collector which has been forwarded to the Commissioner of Land Administration, the first respondent herein. 5.Mr.M.Alagadevan, learned Special Government Pleader appearing for the respondents submitted that reclassification has to be done only by the District Revenue Officer, the third respondent herein. 6.In view of the above, we only expect the authorities to decide the matter on its own merit and in accordance with law. 7.With the above observation, the writ petition is disposed of. No costs. Consequently, M.P(MD)No.2 of 2015 is closed. Sd/- Assistant Registrar(Per Admn) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Land Administration, O/o.the Commissioner of Land Administration, Ezhilagam, Chennai 5.