Krishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.18492 of 2021 Krishnan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai.

3.The Tahsildar, Ilayankudi Taluk, Sivagangai District.

4.The Block Development Officer, Office of Ilayankudi Panchayat Union, Ilayankudi Post and Taluk, Sivagangai District.

5.The President, Salaigramam Village Panchayat, Salaigramam Post, Ilayankudi Taluk, Sivagangai District.

6.Diwan/Administrative Secretary, Ramanathapuram Samasthana Devasthanam, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, forbearing the respondents 1 to 5 either from demolishing or evicting petitioner from the shop put up in Survey No.350, Kilanchunai Road, Salaigramam Village, Ilayankudi Taluk, Sivagangai District. For Petitioner : M/s.Lakshmi Gopinathan For R-1 to R-3 : Mr.S.Shaji Bino Special Government Pleader For R-4 & R-5 : Mr.P.Thilak Kumar Government Pleader For R-6 : M/s.Subathra Devi

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This Writ Petition has been filed for Mandamus, forbearing the respondents 1 to 5 either from demolishing or evicting petitioner from the shop put up in Survey No.350, Kilanchunai Road, Salaigramam Village, Ilayankudi Taluk, Sivagangai District.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The only apprehension of the petitioner is that the respondents herein would resort to evict the petitioner, without following the due procedure contemplated under the Tamil Nadu Land Encroachment Act.

4. The learned Special Government Pleader submits that in case there is any encroachment in the subject lands, the same shall be removed, after following the due procedures provided under the Tamil Nadu Land Encroachment Act. In the light of such a submission, no further orders are required to be passed in this Writ Petition.

5. Accordingly, the Writ Petition stands closed. There shall be no order as to costs. Consequently connected miscellaneous petition is closed. (M.S.R.,J.) (A.D.M.C.,J.) 11.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai.

3.The Tahsildar, Ilayankudi Taluk, Sivagangai District.

4.The Block Development Officer, Office of Ilayankudi Panchayat Union, Ilayankudi Post and Taluk, Sivagangai District.

5.The President, Salaigramam Village Panchayat, Salaigramam Post, Ilayankudi Taluk, Sivagangai District.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 11.12.2024