Sivanantham v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sivanantham.

... Petitioner Vs.

1.The Commissioner, HR &CE Department, 23, Uthamara Mahatma Gandhi Road, Nungambakkam, Chennai - 34.

2.The District Collector, 3.The Revenue Divisional Officer, 4.The Tahsildar, Taluk Office, 5.The Assistant Commissioner, HR & CE Department, 1/5

6.The Commissioner, Kumbakoam Municipality, 7.The Executive Officer, Arulmigu Nageswarar Swamy Thirukovil, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents 1 and 5 to take action against the 7th respondent for his unlawful act of forceful eviction of the petitioner without following due process of law from his resided place of T.S.No.27 & 28, situated at Bagavath Padithurai, Govindappan Street, Kumbakonam, Thanjavur district dated 25.04.2024 and restore his possession at the aforesaid place. For petitioner : Mr.R.Murugappan For respondents :

for R1 to R5 : Mr.K.S.Selvaganesan Additional Government Pleader for R6 : Mr.M.Rajarajan for R7 : Mr.V.Chandrasekar *****

ORDER

This Writ Petition is filed to direct the respondents 1 and 5 to take action against the 7th respondent for his unlawful act of forceful eviction of the petitioner without following due process of law from his resided place of T.S.No.27 & 28, 2/5

situated at Bagavath Padithurai, Govindappan Street, Kumbakonam, Thanjavur district dated 25.04.2024 and restore his possession at the aforesaid place.

2. The learned counsel for the petitioner would, however, only request that liberty may be granted to move an application/representation seeking compensation as the petitioner has been evicted from his residence without following due process of law.

3. The learned Additional Government Pleader as well as the learned counsel for the seventh respondent would submit that if any such representation is made, the same would be considered in accordance with law after putting the petitioner on notice.

4. Recording the above, this Writ Petition is closed. No costs. Index : Yes / No 23.09.2024 Internet : Yes / No apd 3/5

To 1.The Commissioner, HR &CE Department, 23, Uthamara Mahatma Gandhi Road, Nungambakkam, Chennai - 34.

2.The District Collector, 3.The Revenue Divisional Officer, 4.The Tahsildar, Taluk Office, 5.The Assistant Commissioner, HR & CE Department, 4/5

MOHAMMED SHAFFIQ, J.

apd 23.09.2024 5/5