Madras High CourtWP(MD)/15140/2017disposed of

M.Subramanian v. The Tahsildar

2017-08-11Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15140 of 2017 M.Subramanian .. Petitioner Vs.

1. The Tahsildar, Vedasandur Taluk, Dindigul District.

2. The Village Administrative Officer, Kaanampadi, Vedasandhur Taluk, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents, men or agent form evicting the petitioner in S.F.No.403/1B2, in Kaanampadi Village, Vadamadurai Sub-Registrar, Vedasandur Taluk, Dindigul District, except following the due process of law. For petitioner : Mr.N.Shanmugaselvam For respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to restrain the respondents from evicting him from the property in S.F.No.403/1B2, in Kaanampadi Village, Vadamadurai Sub-Registrar, Vedasandur Taluk, Dindigul District, except following the due process of law.

2. There is nothing on record to indicate that the respondents have initiated action against the petitioner to remove him from the property in question. Though it is always open to the authorities to take action against the petitioner to remove the encroachment, in case he is in occupation of government land, it should be done only by issuing notice and providing opportunity. https://hcservices.ecourts.gov.in/hcservices/

We hope that in case any action is proposed to be taken, the authorities would issue notice to the petitioner for removal of the alleged encroachment.

3. The Writ Petition is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1. The Tahsildar, Vedasandur Taluk, Dindigul District.

2. The Village Administrative Officer, Kaanampadi, Vedasandhur Taluk, Dindigul District.

+1cc to The Special Government Pleader in SR.No.72886,69692 NB AE/SV/SAR2/22.08.2017/2P/4C ORDER MADE IN W.P.(MD)No.15140 of 2017 11.08.2017 https://hcservices.ecourts.gov.in/hcservices/