Madras High CourtWP(MD)/23535/2024dismissed

C.Rajendran v. The District Collector

2024-10-03Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.19924 and 19925 of 2024 C.Rajendran ... Petitioner -vs1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk, Trichy District.

3.The Revenue Inspector, Kuzhumani Division, Kuzhumani Village, Srirangam Taluk, Trichy District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned eviction notice issued by the 2nd respondent in Na.Ka.A3/4079/2024 dated 21.09.2024 which was served upon the petitioner on 25.09.2024 and quash the same. For Petitioner :

Mr.C.Vakeeswaran For Respondents :

Mr.P.T.Thiraviyam, Government Advocate

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] By consent of both parties, this writ petition is taken up for final hearing, at the admission stage itself.

2. The prayer in the writ petition reads as follows: "To issue a Writ of Certiorari, to quash the impugned eviction notice issued by the 2nd respondent in Na.Ka.A3/4079/2024 dated 21.09.2024 which was served upon the petitioner on 25.09.2024."

3. The notice under Section 6 is under challenge. It is the contention of the learned counsel for the petitioner that the land in question is the common lane between the family members of the petitioners. A perusal of the natham adangal extracted which has been filed by the learned counsel for the petitioner itself shows that survey No.82/8 has been classified as Government Poramboke lane. Therefore, the authorities are well within their right to take action. If the petitioner claims title, it is open to the petitioner to move the appropriate Civil Court and seek to establish his title.

4. In view of the above, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 03.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml

To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk, Trichy District.

3.The Revenue Inspector, Kuzhumani Division, Kuzhumani Village, Srirangam Taluk, Trichy District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 03.10.2024