C. Kasimayan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD) No.21482 of 2015 and M.P.(MD) No.1 of 2015 C.Kasimayan ... Petitioner -vs1.The District Collector Theni District, Theni 2.The Block Development Officer Mayiladumparai Block Development Office Mayiladumparai, Aundipatti Taluk Theni District 3.The President Mayiladumparai Panchayat Mayiladumparai, Aundipatti Taluk Theni District ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents not to vacate the petitioner's Butchery (Meat) Stall from the land situating in Survey No.309, Mayiladumparai to Moolakadai Road, Mayiladumparai Village, Aundipatti Taluk, Theni District, without following the due process of law and not to initiate any coercive action against the petitioner's occupation over his above stall, except due process of law.

For Petitioner :

Mr.M.S.Jeyakarthik For Respondents :

Mr.V.Muruganantham, A.G.P.

O R D E R

(Order of the Court by T.S.SIVAGNANAM, J.,) Heard Mr.M.S.Jeyakarthik, learned counsel appearing for the petitioner and Mr.V.Muruganantham, learned Additional Government Pleader appearing for the respondents and carefully perused the materials placed on record.

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2. The writ petitioner, who is running a Butchery (Meat) Stall on the road margin, is before this Court claiming that he should not be evicted without following due process of law.

3. At the time when the writ petition was entertained, an interim order was granted. On the strength of the said interim order, the petitioner is now continuing the Butchery Stall in the road margin.

4. The third respondent filed counter affidavit stating that the petitioner encroached the road and therefore, eviction proceedings have been initiated.

5. The petitioner claims that without notice to him, he cannot be evicted. This contention is not tenable for the simple reason that he is an encroacher and no licence has been granted to him. Therefore, no relief can be granted in this writ petition.

6. Accordingly, while dismissing the writ petition, the respondents are directed to give fifteen days time, from the date of receipt of a copy of this order, to the petitioner to vacate the shop, failing which they are entitled to take action to dispossess the petitioner, if necessary with police aid. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To:

1.The District Collector, Theni District, Theni.

2.The Block Development Officer, Mayiladumparai Block Development Office, Mayiladumparai, Aundipatti Taluk, Theni District.

3.The President, Mayiladumparai Panchayat, Mayiladumparai, Aundipatti Taluk, Theni District.

+1 CC TO MR.M.S.JEYAKARTHIK,ADVOCATE,SR NO.51419 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.51780 krk/skm MAS/SV-MMS:21.04.2017:2P-6C W.P.(MD) No.21482 of 2015 and M.P.(MD) No.1 of 2015 11.04.2017 https://hcservices.ecourts.gov.in/hcservices/