Pitchai.C v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021 THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P(MD)No.16808 of 2021 1.C.Pitchai 2.S.Solaimuthu 3.R.Chinnapillai 4.R.Pappu 5.D.Kaladevi 6.V.Ayinampillai 7.S.Rajeswari 8.R.Amutha

...Petitioners

Vs.

1.The District Collector Collectorate Building, 2.The District Revenue Officer, Collectorate Building, 3.The Revenue Divisional Officer, Divisional Office, Paramasivapuram, Lalgudi Taluk, 4.The Tahsildar Taluk Office, Manachanallur Taluk.

5.The Divisional Engineer (Highways), Highways Department, 6.The Assistant Divisional Engineer (Highways), Office of the Divisional Engineer (Highways) Highways Department (Construction and maintenance) Lalgudi Taluk, Tiruchirappalli.

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7.The Assistant Engineer (Highways), Highways Department (Construction and Maintenance) Manachanallur Taluk,

...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 Notices issued by the sixth respondent herein in his Proceedings Na.Ka.No.1/2021/A1/ dated 23.09.2021 and quash the same as illegal and consequently direct the Respondents No. 1 to 4 to issue House Pattas in respect of house property belongs to petitioners comprised in Survey No. 175/1 situated at Ayakkudi Village Panjayat (Melavangaram), Manachanallur Taluk, Tiruchirappalli District, as per G.O.(Ms) No.465 Revenue and Disaster Management Department, dated 27.11.2018 by considering the petitioners' representation dated 04.10.2021.

For Petitioners : Mr.C.Abulkalam Azad For Respondents : Mr.B.Saravanan Government Advocate

O R D E R

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) Mr.B.Saravanan, learned Government Advocate accepts notice on behalf of all the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3.This Writ Petition is directed against the notice of eviction issued by the Highways Department against the petitioners, which is dated 23.09.2021.

4.The Writ Petitioners have also sent their objections on 04.10.2021. The same is yet to be considered by the authorities. In the meanwhile, fearing eviction, the present writ petition has been filed.

5.Therefore, we feel that it would suffice to give a direction to the respondents to consider the objections of the petitioners/ individuals before passing the order of eviction. In the event, if there is any proposal for providing alternate accommodation to the residents, the same may also be considered by the officials concerned. The entire exercise shall be completed 2/4

within a period of six weeks from the date of receipt of a copy of this order. Till such time the enquiry is conducted and completed, the status-quo as on today will continue. 6.With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Collectorate Building, 2.The District Revenue Officer, Collectorate Building, 3.The Revenue Divisional Officer, Divisional Office, Paramasivapuram, Lalgudi Taluk, 4.The Tahsildar Taluk Office, Manachanallur Taluk.

5.The Divisional Engineer (Highways), Highways Department, 3/4

6.The Assistant Divisional Engineer (Highways), Office of the Divisional Engineer (Highways) Highways Department (Construction and maintenance) Lalgudi Taluk, Tiruchirappalli.

7.The Assistant Engineer (Highways), Highways Department (Construction and Maintenance) Manachanallur Taluk, Tiruchirappalli District. +1 CC to M/s.SPL.GP ( SR-34259[F] dated 12/11/2021 ) +9 CC to M/s.C.ABUL KALAM, Advocate (SR-34059[F] dated 11/11/2021 ) 10.11.2021 RK/NS(24/11/2021) 4P 18C 4/4