Madras High CourtWP(MD)/22879/2016disposed of

K.Gandhi, W/O.Vazhamalai, v. The District Collector,

2017-09-06Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22879 of 2016 and W.M.P.(MD).No.16368 of 2016 K.Gandhi .. Petitioner Vs.

1.The District Collector, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathoor Taluk, Sivagangai District.

3.The Special Tahsildar, Devakottai, Sivagangai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents for not to evict the petitioner from her dwelling house in D.Mampatti Indiranagar, Aeiyoor post, Sivagangi District, till the disposal of the case in Revision Petition filed by the petitioner in Na.Ka.No.1202 of 2016 pending before the second respondent. For petitioner : Mr.B.Dhanasekaran For respondents : Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The third respondent issued notice of eviction to the petitioner. The petitioner filed a Revision Petition before the second respondent. During the currency of the Revision Petition, there was an attempt to dispossess the petitioner. The petitioner, therefore, filed this Writ Petition to protect her possession. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Special Government Pleader for the respondents, on instructions, submitted that the Revision Petition is pending before the second respondent.

3. The petitioner appears to have filed statutory Revision Petition before the second respondent. The petitioner is, therefore, correct in her contention that the authority has to protect her possession, till orders are passed by the revisional authority.

4. We, therefore, direct the respondents not to dispossess the petitioner during the currency of the Revision Petition. It is open to the respondents to take follow up action depending upon the orders to be passed by the Revisional Authority.

5. The Writ Petition is disposed of with the above direction. No costs.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathoor Taluk, Sivagangai District.

3.The Special Tahsildar, Devakottai, Sivagangai District.

+1cc to M/S.R.ALAGU MANI, Advocate SR.No.77172 +1cc to Special Government Pleader, SR.No. 77696 NB MAS/MR-KKR/SAR2:22.09.2017:2P-6C ORDER MADE IN W.P.(MD)No.22879 of 2016 06.09.2017 https://hcservices.ecourts.gov.in/hcservices/