Raveatha .N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Raveatha ... Petitioner in W.P.(MD)No.24404 of 2022 P.Yoghesh ... Petitioner in W.P.(MD)No.24405 of 2022 S.Baskar & S.Nagaraj ... Petitioner in W.P.(MD)No.24406 of 2022 Vs.

1.The District Collector, Office of the District Collector, Velunachiyar Compound, Dindigul-624 004.

2.The Revenue Divisional Officer, Collectorate Building, Velunachiyar Compound, Dindigul-624 004.

3.S.V.Balasamy Iyer & Brothers, Balathirupathi Chattram rep. by its Present Manager Mr.S.K.Ganesan, No.67/71E, S.V.Balusamy Chettiar Compound, Thadikombu Road, 4.Divisional Engineer, Highways(C & M) 1/4

Nehruji Nagar, ... Respondents in all W.Ps.

Prayer in W.P.(MD)No.24404 of 2022 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the respondents 1 and 2 from interfering with the peaceful possession and enjoyment of the Petitioner Lease properties admeasuring 5 acres and 21 cents of the land comprised in T.S.No. 717/3, 708/2 and 708/3 situated at Thadikombu Road, Dindigul Town and District by considering his representation dated 10.10.2022 and grant such other relief. Prayer in W.P.(MD)No.24405 of 2022 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the respondents 1 and 2 from interfering with the peaceful possession and enjoyment of the Petitioner Lease properties admeasuring 1 acre of the land comprised in T.S.No. 708/1 situated at Thadikombu Road, Dindigul Town and District by considering his representation dated 10.10.2022 and grant such other relief.

Prayer in W.P.(MD)No.24406 of 2022 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the respondents 1 and 2 from interfering with the peaceful possession and enjoyment of the Petitioner's lease properties admeasuring 6 acre of the land comprised in T.S.No. 714/1 and 708/1A, situated at Thadikombu Road, Dindigul Town and District by considering his representation dated 10.10.2022 and grant such other relief.

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For Petitioner : Mr.N.Anantha Padmanabhan for Mr.Sritharan For Respondents : Mr.B.Saravanan Additional Government Pleader for R1, R2 & R4 : Mr.A.Sathasivam for R3.

(in all W.Ps.) COMMON ORDER Heard the learned counsel on either side.

2. It is not in dispute that the petition mentioned lands are not Government lands. It appears that they belong to the third respondent trust. The third respondent Trust had in turn inducted the petitioners as lessees. The petitioners want this Court to restrain the official respondents from interfering with the petitioners' peaceful possession and enjoyment of the lease property.

3. The learned Additional Government Pleader would state that the petitioners have filed these writ petitions based on apprehension. Be that as it may, when admittedly it is not the property belonging to the Government or the Revenue Department, no exception can be taken, if relief as sought for is granted.

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G.R.SWAMINATHAN, J.

rmi

4. These Writ Petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed.

19.12.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Office of the District Collector, Velunachiyar Compound, Dindigul-624 004.

2.The Revenue Divisional Officer, Collectorate Building, Velunachiyar Compound, Dindigul-624 004.

3.Divisional Engineer, Highways(C & M) Nehruji Nagar, 19.12.2022 4/4