Saravanan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2016

CORAM:

THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.23282 of 2015 and M.P.(MD)No.1 of 2015 Saravanan ...

Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Kulithalai Revenue Division, Kulithalai.

3.The Tahsildar, Kadvaur Taluk, Karur District.

4.The Village Administrative Officer, Kosur Village, Kadavur Taluk, Karur District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to forbear from dispossessing the petitioner from his agricultural land situated in S.F.No.600/3 with an extent of 0.11.00 of Kosur Village, Kadavur Taluk, Karur District without adhering to due process of law.

For Petitioner : Mr.R.M.Sivakumar For Respondents : Mr.S.Kumar, AGP

O R D E R

Mr.Kumar, learned Additional Government Pleader takes notice for the respondents and by consent of parties, the main Writ petition itself is taken up for final disposal. 2.The petitioner seeks for a Mandamus, forbearing the 3rd respondent from dispossessing him from his agricultural land situated in S.F.No.600/3 with an extent of 0.11.0 hectares at Kosur Village, Kadavur Taluk, Karur District without adhering due process of law.

https://hcservices.ecourts.gov.in/hcservices/ 3.The claim of the petitioner is that when the patta in respect of the above said land stands in his grand-father's name,

the respondents cannot interfered with the said property except by following due process of law.

4.On the other hand, the learned Additional Government Pleader appearing for the respondents based on instructions submitted that only in respect of the land at Survey Nos.600/3A and 600/3F, the pattas stand in the name of the petitioner's grandfather and in respect of other sub divisions, the lands do not belong to the petitioner. He further submitted that insofar as the above land at Survey Nos.600/3A and 600/3F are concerned, the respondents have not taken any steps to acquire the said land from the petitioner and if any proceedings have to be initiated for acquiring the said lands, the same will be done only by following due process of law.

5.The above submissions made by the learned Additional Government Pleader is recorded and the Writ petition is disposed of with a direction to the respondents not to proceed against petitioner's land at Survey Nos.600/3A and 600/3F at Kosur Village, Kadavur Taluk, Karur District, except by following due process of law.

6.The Writ petition is disposed of accordingly. No costs. Consequently, connected M.P.is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Karur District, Karur. 2.The Revenue Divisional Officer, Kulithalai Revenue Division, Kulithalai.

3.The Tahsildar, Kadvaur Taluk, Karur District.

4.The Village Administrative Officer, Kosur Village, Kadavur Taluk, Karur District.

+One cc to Mr.R.M.Sivakumar, Advocate, SR.No.130 +One cc to The Special Government Pleader, SR.No.443 nbj RL/7C/JGB/DP/12/1/2016 W.P.(MD)No.23282 of 2015 04.01.2016 https://hcservices.ecourts.gov.in/hcservices/