Murugan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)No.20092 of 2024 Murugan ... Petitioner vs.
1. The District Collector, Collectorate Campus, Thoothukudi,
2. The Revenue Divisional Officer / Monitoring Committee, Revenue Divisional Office, Thiruchendur,
3. The Tahsildar Taluk Office, Eral, Eral Taluk,
4. The Executive Officer / Commissioner, Thenthiruperai Municipality, Thiruchendhur Taluk,
5. Amirthavalli ... Respondents Page No.1 of 5
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to follow the due process of law with regard to the alleged encroachment made in Old Survey No. 988/1PT - New Survey No. 1153/16 with an extent of 4967-62 sq.ft. situated at petitioner's Village of Keelakallampaarai, Thenthiruperai Village, Eral Taluk, For Petitioner : Mr.R.Murugappan For R1 to R4 : Mr.P.T.Thiraviam Government Advocate
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.) The apprehension of the petitioner is that in the guise of complying with our order dated 20.08.2024, the respondents are attempting to evict him from the land, which according to him, belongs to him.
2. Mr.P.T.Thiraviam, learned Government Advocate would submit that when the authorities attempted to survey the land pursuant to the directions of this Court in W.P.(MD)No.19880 of 2024, dated 20.08.2024, the petitioner has prevented them from surveying and has approached this Court. Page No.2 of 5
3. The apprehension of the petitioner seems to be unjustified in view of the fact that we have clearly stated in Paragraph 3 of the order dated 20.08.2024, made in W.P.(MD)No.19880 of 2024, that the authorities will follow due process of law and initiate eviction proceedings, if it is found that the petitioner has encroached. Hence, we do not see any reason to entertain this Writ Petition at this stage. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M, J.) (L.V.G, J.) 04.10.2024 Index : No : No smn2 To
1. The District Collector, Collectorate Campus, Thoothukudi,
2. The Revenue Divisional Officer / Monitoring Committee, Revenue Divisional Office, Thiruchendur,
3. The Tahsildar Taluk Office, Eral, Eral Taluk, Page No.3 of 5
4. The Executive Officer / Commissioner, Thenthiruperai Municipality, Thiruchendhur Taluk, Page No.4 of 5
R.SUBRAMANIAN, J.
and L.VICTORIA GOWRI, J.
smn2 ORDER MADE IN DATED : 04.10.2024 Page No.5 of 5