A.Kasthuri v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Twenty Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN WP(MD) No.19374 of 2017 and WMP(MD) No.15700 of 2017 K.P.LOGANATHAN ... PETITIONER Vs 1 THE DISTRICT COLLECTOR, TIRUCHIRAPPALLI DISTRICT.

2 THE REVENUE DIVISIONAL OFFICER, LALGUDI, TIRUCHIRAPPALLI DISTRICT.

3 THE TAHSILDAR, MANACHANALLUR TALUK, TIRUCHIRAPPALLI DISTRICT.

4 THE EXECUTIVE OFFICER / SPECIAL OFFICER, KOOTHOOR PANCHAYAT, MANACHANALLUR TALUK, TIRUCHIRAPPALLI DISTRICT.

5 KOOTHOOR GRAMA KUDITHERU NALA SANGAM, REP. BY ITS PRESIDENT (R5 IS IMPLEADED VIDE COURT ORDER DATED 26/10/18 IN WMP(MD)5523/18) ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a writ of Mandamus forbearing the respondents from interfering with possession and enjoyment of the petitioner's property in Old Survey No.45/1 Part, new Natham Survey No.203/13, Koothoor Village presently in Manachanallur Taluk earlier in Lalgudi Taluk, Tiruchirappalli District without resorting to Land Acquisition Proceedings under any of the Land Acquisition Enactment. PRAYER IN WMP(MD). 15700/ 2017 IN WP(MD) NO.19374 OF 2017 : To pass an order of injunction restraining the respondents from demolishing the compound wall or the superstructure in Door No.1/154, Old Survey No.45/1 Part, new Natham Survey No.203/13, Koothoor Village presently in Manachanallur Taluk earlier in Lalgudi https://hcservices.ecourts.gov.in/hcservices/

Taluk, Tiruchirappalli District pending disposal of the writ petition.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.T.R.JEYAPALAM, Advocate for the petitioner and of MRS.J.PADMAVATHI, Special Government Pleader for R1 to R3 and MR.K.PRABAKAR, Advocate for R5, the court made the following order:- The learned Special Government Pleader is directed to produce the report from the surveyor regarding the topography of the said disputed lands on 04.12.2018.

Interim order already granted is extended till then subject to the condition that the petitioner will not precipitate the issue with regard to the grant of interim order and did not make any dispute with the neighbors.

sd/- 22/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT COLLECTOR, TIRUCHIRAPPALLI DISTRICT.

2 THE REVENUE DIVISIONAL OFFICER, LALGUDI, TIRUCHIRAPPALLI DISTRICT.

3 THE TAHSILDAR, MANACHANALLUR TALUK, TIRUCHIRAPPALLI DISTRICT.

4 THE EXECUTIVE OFFICER / SPECIAL OFFICER, KOOTHOOR PANCHAYAT, MANACHANALLUR TALUK, TIRUCHIRAPPALLI DISTRICT.

ORDER

IN WP(MD) No.19374 of 2017 and WMP(MD) No.15700 of 2017 Date :22/11/2018 MSI/JC/SAR-II/27.11.2018-2P/5C https://hcservices.ecourts.gov.in/hcservices/