Santhi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 Santhi ... Petitioner Vs.

1.The State of Tamilnadu, Through its Secretary to Government, Revenue Department, Secretariat, Chennai -9.

2.The District Collector, Kanyakumari District.

3.The Revenue Divisional Officer, Nagarcoil, Kanyakumari District.

4.The Tasildar, Thovalai Taluk, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 1/4

respondents from interfering the peaceful possession of the petitioner in his property in Survey No.51/1 and 52/1, Alagiyapandiapuram Village, Kanyakumari District to the extent of 2 Acre and 951/2 Cents under the guise of removal of encroachment or acquisition except following due process of law.

For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.N.Satheesh Kumar, Addl. Govt. Pleader.

ORDER

Heard the learned counsel on either side.

2.The respondents concede that S.Nos.51/1 and 52/1 in Alagiyapandiapuram village belong to the petitioner. The issue pertains only to S.No.50/1. It has been classified as unassessed waste. Since the petitioner fenced the said property, the authority had removed the fencing. The petitioner has not placed any materials to show that S.No. 50/1 also belongs to her.

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3.Recording the stand of the respondents, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

13.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Secretary, Revenue Department, Secretariat, Chennai -9.

2.The District Collector, Kanyakumari District.

3.The Revenue Divisional Officer, Nagarcoil, Kanyakumari District.

4.The Tasildar, Thovalai Taluk, Kanyakumari District.

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G.R.SWAMINATHAN, J.

ias 13.07.2023 4/4