R.Soundarapandian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD) No.27603 of 2024 and W.M.P.(MD)Nos.23428 and 23431 of 2024 R.Soundarapandian ... Petitioner Vs 1.The District Collector, Collectorate Complex, Virudhunagar District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Kariyapatti Tahsildar Office, Kariyapatti, Virudhuangar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining 1/5

to the impugned order issued by the second respondent vide Na.Ka.A2/5227/2024 dated 05.11.2024 and quash the same as arbitrary and illegal.

For Petitioner : Mr.K.S.Duraipandian For Respondents : Mr.S.Shaji Bino Special Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Apprehending that the respondent might illegally evict the petitioner from the property in Survey No.161/1, owing to the proceedings dated 05.11.2024, this writ petition has been filed. 2.Mr.S.Shaji Bino, learned Special Government Pleader, takes notice for the respondents.

3.By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

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4.The learned Special Government Pleader, on instructions, would submit that the petitioner herein is an encroacher in Survey No.161/1 and for the purpose of removal of such encroachment, they would follow the procedure contemplated under the Land Encroachment Act. 5.In view of the submission made, the apprehension of the petitioner that the respondents are attempting to evict him without following due process of law, is baseless. Thus, no interference is required to the impugned order, which is only in the form of advise prior to the eviction process.

6.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[M.S.R.,J] [A.D.M.C.,J] 19.11.2024 NCC : Yes/No Index : Yes/No ta 3/5

To 1.The District Collector, Collectorate Complex, Virudhunagar District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Kariyapatti Tahsildar Office, Kariyapatti, Virudhuangar District.

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M.S.RAMESH, J AND A.D.MARIA CLETE, J.

ta ORDER IN Date :19.11.2024 5/5