A.Paun Roja v. The Commissioner Of Land
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.17700 of 2018 and W.M.P.(MD) No.15585 of 2018 A.Paun Roja .. Petitioner Vs.
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
2. The District Collector, Madurai District, Madurai.
3. The Block Development Officer Melur Union Panchayat, Melur, Madurai.
4. The Tahsildar, Melur Taluk, Melur, Madurai.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent Nos.2 and 3 not to demolish petitioner's Bathroom, Toilet and Water Sump annexed to the house bearing Door No.3/275, South Street, Kallampatti Post, Melur Taluk, Madurai till the final disposal of unnumbered Revision Application dated 18.07.2018 filed by petitioner U/s-10-A of the Tamil Nadu Land Encroachment Act, by considering the petitioner's representation dated 01.08.2018 within the period as stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen For R-1, R-2 and R-4 : Mr.C.Ramar, Additional Government Pleader.
For R-3 : Mr.A.K.Baskarapandian ***
ORDER
[Order of the Court was made by T.RAJA, J.] The petitioner filed this Writ Petition to direct the respondents 2 and 3 not to demolish her Bathroom, Toilet and Water Sump annexed to the house bearing Door No.3/275, South Street, Kallampatti Post, Melur Taluk, Madurai, till the final disposal of unnumbered Revision Application dated 18.07.2018 filed by her U/s10-A of the Tamil Nadu Land Encroachment Act. 2.The learned Counsel for the petitioner would submit that the second respondent by proceedings, dated 10.07.2018, passed an order to demolish the bathroom, toilet and water sump constructed by the petitioner annexed to her house. Aggrieved by the same, the petitioner filed a revision dated 18.07.2018 before the Commissioner of Land Administration, Chennai, praying to injunct the respondents not to demolish the Bathroom, Toilet and Water Sump constructed by the petitioner annexed to her house, till the disposal of the pending revision.
3.Heard both sides.
4.We are unable to appreciate the merits of the prayer made by the petitioner, the reason being, the findings found in the order passed by the District Collector, Madurai, clearly shows that the petitioner has constructed the Bathroom, Toilet and Water Sump on the road side covered in Survey No.347, which is shown as street. Therefore, we are not inclined to entertain this writ petition. Accordingly, this writ petition fails and the same is dismissed. No costs. Consequently, connected writ miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
2. The District Collector, Madurai District, Madurai.
3. The Tahsildar, Melur Taluk, Melur, Madurai.
+1cc to Mr.A.Haja Mohideen , Advocate Sr.No.77826 +1cc to Mr.A.K.Baskarapandian, Advocate sr.No.78188 CP/SRM VB/RP/SAR1/30.08.2018/3P/6C ORDER MADE IN W.P(MD)No.17700 of 2018 and W.M.P.(MD) No.15585 of 2018 09.08.2018