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Madras High CourtWP(MD)/23085/2021closed

Savarimuthu C v. The District Collector

2022-01-03Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan2 pages

W.P(MD)Nos.23085 to 23089 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)Nos.23085 to 23089 of 2021 and WMP(MD)No.19536 of 2021,19538 of 2021,19539 of 2021, 19540 of 2021 & 19541 of 2021 C.Savarimuthu ... Petitioner in W.P.23085/2021 A.Soosai ... Petitioner in W.P.23086/2021 A.Jeyaraj ... Petitioner in W.P.23087/2021 Anthonysamy ... Petitioner in W.P.23088/2021 A.Sahayaraj ... Petitioner in W.P.23089/2021 vs.

1) The District Collector, Trichy District.

2) The Tahsildar, Srirangam Taluk, Trichy District.

3) Emulda Lilly Grace

4) Arockiasamy ... Respondents in all WPs Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the impugned eviction order passed by the 2nd respondent in Na.Ka.No.A3/6147/2021 dated 15.12.2021 and quash the same.

For Petitioner(in all WPs) : Mr.R.Balakrishnan For R1 & R2(in all WPs) : Mr.S.R.A.Ramachandran Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ Page 1/2

W.P(MD)Nos.23085 to 23089 of 2021 COMMON ORDER (Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The prayer in the writ petitions is to quash the impugned eviction order passed by the 2nd respondent in Na.Ka.No.A3/6147/2021, dated 15.12.2021.

2.

Even in paragraph 5 of the affidavits, it is stated as follows:- ''5) I submit that all of a sudden on 26.11.2021, the 2nd Respondent herein issued communication to me vide proceedings in Na.Ka.A3/6147 ordering me to submit my explanation on or before 10.12.2021. After receiving the said notice I duly submitted my explanation on 10.12.2021 specifically stating that I am ready to vacate the premises. However, as the Paddy is in growing stage, I sought 3 months time to vacate the premises after harvesting the paddy already cultivated.'' 3.

The petitioners also have attached the photographs of the paddy crops standing in the lands. It appears and also admittedly, they are ripe for harvesting in a matter of 15 to 20 days. Therefore, we are only inclined to permit the petitioners to continue in their possession till such time the harvest is done or two months from today, whichever is earlier. Once the harvest is done, the petitioners are directed to remove their belongings and vacate the lands, without causing any inconvenience to the respondents-authorities.

4.

With the above directions, the Writ Petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) bala To

1) The District Collector, Trichy District.

2) The Tahsildar, Srirangam Taluk,Trichy District.

+1 CC to M/s.SPL GP ( SR-216[F] dated 04/01/2022 ) W.P(MD)Nos.23085 to 23089 of 2021 DATED : 03.01.2022 MGJ(24.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ Page 2/2