S.Ponsekar, v. The Registrar Of Coop.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2018
CORAM
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P(MD).No.19780 of 2018 and W.M.P.(MD).No.17575 of 2018 S.Ponsekar ... Petitioner Vs.
1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, Kilpauk, Chennai - 10.
2.The Joint Registrar of Co-operative Societies, O/o the Joint Registrar of Co-operative Societies, Thoothukudi.
3.The Superintendent of Police, O/o The Superintendent of Police, Tuticorin District.
4.The Inspector of Police, Authoor Police Station, Tuticorin District.
5.The Special Officer, E 229, Palayakayal Salt Workers Co-op production, Sale Society, Thoothukudi.
... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus forbearing the respondent No.5 from evicting the petitioner from the Salt pan situated in Survey Nos.317/8B (25 acres) and 317/6A (146 acres) totally in an extent of 171 Acres in Palayakayal Village Srivaikundam Tk. Tuticorin District without following the due process of law.
For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.S.Angappan Government Advocate
ORDER
This writ petition has been filed by the petitioner for the issuance of Writ of Mandamus forbearing the respondent No.5
from evicting the petitioner from the Salt pan situated in Survey Nos.317/8B (25 acres) and 317/6A (146 acres) totally in an extent of 171 Acres in Palayakayal Village, Srivaikundam Taluk, Tuticorin District without following the due process of law. 2.This writ petitioner is a lessee of Salt Pans situated in Palayakayal Village, Tuticorin District. The lease period has come to an end. The petitioner has asked for renewal. But the same has been rejected. Questioning the same the writ petitioner has already filed a writ petition and the same is still pending. Apprehension of the writ petitioner is that in the mean while they may be unlawfully dispossessed. Therefore, this writ petition has been filed for forbearing the 5th respondent from evicting the petitioner except by due process of law.
3.When the matter was taken up for admission, Mr.Maria Chelliah Prabhu, learned Additional Government Pleader, took notice for the respondents. He made a categorical statement that the writ petitioner will be evicted only by following due process of law. This statement is recorded. This writ petitioner need not have any further apprehension on this score. 4.Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (WRIT) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, Kilpauk, Chennai - 10.
2.The Joint Registrar of Co-operative Societies, O/o the Joint Registrar of Co-operative Societies, Thoothukudi.
3.The Superintendent of Police, O/o The Superintendent of Police, Tuticorin District.
4.The Inspector of Police, Authoor Police Station, Tuticorin District.
5.The Special Officer, E 229, Palayakayal Salt Workers Co-op production, Sale Society, Thoothukudi.
+1 CC To MR.T.LAJAPATHI ROY, Advocate SR. NO. 84400 +1 CC To SPECIAL GOVERNMENT PLEADER SR. NO. 84344 W.P(MD).No.19780 of 2018 TM TR/SU/SAR-1(17.09.2018)3P 8C