Madras High CourtWP(MD)/29049/2022disposed of

Jeyamary v. The District Collector

2023-01-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Jeyamary ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Sivagangai Taluk, Sivagangai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents not to take any illegal eviction without following due process of law prescribed under the act and if really inclined to evict has to give proper notice and to act accordance with law and its provisions.

For Petitioner : Mr.C.Venkaesh For Respondents : Mr.M.Siddharthan Additional Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner wants this Court to direct the respondents to restrain from dispossessing her except by following due process of law.

3. The learned Additional Government Pleader points out that the prayer in the writ petition is quite vague, because the particulars have not been mentioned.

4. When this was pointed out, the learned counsel for the petitioner submitted that he seeks relief only in respect of Survey No.367/1. From the ARegister extract, it is seen that the said property is 'Government poramboke' and it is classified as "ifg;gw;wpy; ,y;yhjJ". The petitioner has however enclosed Bmemo receipt in the typed set of papers. The learned Additional Government Pleader insists that the petitioner is not in a possession of the same. Since the petitioner has filed B-memo, I presume that she continues to be in possession of the said land. However, the petitioner has no title over the same. The respondents can very well take action as per law. 2/4

5. The Writ Petition is disposed of accordingly. No costs. 24.01.2023 NCC : Yes / No Index : Yes / No Rmk To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Sivagangai Taluk, Sivagangai.

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G.R.SWAMINATHAN, J., Rmk 24.01.2023 4/4