Thomas.T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.11625 of 2021 T.Thomas ... Petitioner Vs.

1.The District Collector, Collectorate, Kanyakumari District at Nagercoil.

2.The District Revenue Officer, District Revenue Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Nagercoil, 4.The Tahsildar, Tahsildar Office, Thovalai Taluk, 5.The Block Development Officer/Special Officer, Arumanallur Panchayat, Thovalai Panchayat Union, Kanyakumari District.

6.The Village Administrative Officer, Arumanallur Village, Thovalai Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents herein from any manner not to take any coercive steps evicting the petitioner from the premises comprised of agricultural land in Survey No.452/7 to an extent of 92.625 cents in Arumanallur Village, Thovalai Taluk, Kanyakumari District in pursuance to the notice dated 03.02.2021 issued under Section 131 (2) of Tamil Nadu Panchayats Act, 1994 by considering the petitioner's objection dated 20.07.2021 after affording opportunity of being heard and pass orders in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Murugan For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This Writ Petition has been filed for Mandamus, directing the respondents herein from any manner not to take any coercive steps evicting the petitioner from the premises comprised of agricultural land in Survey No.452/7 to an extent of 92.625 cents in Arumanallur Village, Thovalai Taluk, Kanyakumari District in pursuance to the notice dated 03.02.2021 issued under

Section 131 (2) of Tamil Nadu Panchayats Act, 1994, by considering the petitioner's objection dated 20.07.2021, after affording opportunity of being heard and pass orders in accordance with law within the time stipulated by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

3. The only apprehension of the petitioner is that the respondents herein would resort to evict the petitioner, without following the due procedure contemplated under the Tamil Nadu Land Encroachment Act.

4. The learned Government Pleader submits that in case there is any encroachment in the subject lands, the same shall be removed, after following the due procedures provided under the Tamil Nadu Land Encroachment Act. In the light of such a submission, no further orders are required to be passed in this Writ Petition.

5. Accordingly, the Writ Petition stands closed. There shall be no order as to costs. Consequently connected miscellaneous petition is closed. (M.S.R.,J.) (A.D.M.C.,J.) 11.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Collectorate, Kanyakumari District at Nagercoil.

2.The District Revenue Officer, District Revenue Office, Kanyakumari District. 3.The Revenue Divisional Officer, Revenue Divisional Office, Nagercoil, Kanyakumari District.

4.The Tahsildar, Tahsildar Office, Thovalai Taluk, 5.The Block Development Officer/Special Officer, Arumanallur Panchayat, Thovalai Panchayat Union, Kanyakumari District. 6.The Village Administrative Officer, Arumanallur Village, Thovalai Taluk,

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 11.12.2024