Chinnakannu I v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.11350, 11353, 11354 and 15602 of 2023 I.Chinnakannu ... Petitioner Vs.

1.The Principal Secretary to Government, Revenue and Disaster Management Department, Ezhilagam, Chennai.

2.The District Collector, Ramanathapuram District..

3.The District Revenue Officer, 4.The Revenue Divisional Officer, 5.The Tasildhar, 1/6

6.The President, Pudhumadam Village Panchayat, 7.The Village Administrative Officer, Pudumadam Group Village, 8.Vellaisamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Eviction notice in Na.Ka.B9/11774/2022 dated 13.04.2023 issued by the 5th respondent and quash the same as illegal and consequently direct the respondents No.2 to 5 to issue free house site patta in the S.No.146/1 Pudhumadam Village, Mandapam, Ramanathapuram District in light of the proceedings made by the the 7th respondent dated 21.11.2017 and by considering petitioner's representation dated 02.01.2023 within time stipulated by this Court.

For Petitioner : Mr.K.Dinesh For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R7.

No appearance for R8.

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ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 to 7. 2.Admittedly, the writ petitioner had been in occupation of a water body. The authorities proposed to evict him. We requested the authorities to consider allotting an alternative site for the petitioner's family. The sentiment expressed by this Court has been honoured in letter and spirit. The petitioner's son and daughter had been allotted two cents of land each. It is stated that within three months, they will be handed over. We permit the petitioner to be in occupation of the encroached portion for six more months.

3.With this liberty to the writ petitioner, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S.J.,) & (B.P.J.,) 12.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The Principal Secretary to Government, Revenue and Disaster Management Department, Ezhilagam, Chennai.

2.The District Collector, Ramanathapuram District..

3.The District Revenue Officer, 4.The Revenue Divisional Officer, 5.The Tasildhar, 6.The President, Pudhumadam Village Panchayat, 7.The Village Administrative Officer, Pudumadam Group Village, 4/6

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 12.10.2023 6/6