Madras High CourtWP(MD)/17568/2017allowed

A.Velusamy, S/O.Kaliappan, v. The District Collector

2017-09-19Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17568 of 2017 and W.M.P(MD)No.14095 of 2017 A.Velusamy ... Petitioner Vs.

1. The District Collector, Dindugul District, Dindugul.

2. The Revenue Divisional Officer, Vedasanthur Taluk, Dindugul District.

3. The Tahsildar, Vedasanthur Taluk, Dindugul District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents from remove the petitioner's house situated in S.No.561/27 and 561/35 as encroachment without following due process of law.

For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.M.Govindan, Special Government Pleader

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner claims to be residing in the house comprised in Survey No.561/27 and 561/35 measuring about 2.10 cents in Tokkuveeranpatty, Nathappatti Village, Vedasanthur Taluk, Dindugul District.

2.The petitioner apprehends dispossession at the hands of authorities and therefore he has filed this writ petition for forbearing the respondents from removing his house without https://hcservices.ecourts.gov.in/hcservices/

following due process of law. If the writ petitioner has committed encroachments, the authorities are entitled to evict him therefrom. But, then the authorities are expected to follow the procedure laid down in the Statute.

3.This Court therefore directs the respondents herein to follow due process of law, if they choose to remove the writ petitioner's house situated in the aforesaid land. 4.This writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindugul District, Dindugul.

2. The Revenue Divisional Officer, Vedasanthur Taluk, Dindugul District.

3. The Tahsildar, Vedasanthur Taluk, Dindugul District.

+ 1 cc TO Mr.A.Chandrakumar , Advocate in SR No. 79685 + 1 cc TO The Special Government Pleader in SR No. 79892 Skm/Arul AE/KK/SAR3/12.10.2017/2P/6C W.P(MD)No.17568 of 2017 and W.M.P(MD)No.14095 of 2017 19.09.2017 https://hcservices.ecourts.gov.in/hcservices/