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Madras High CourtWP(MD)/30537/2023disposed of

Muniyandi .S v. The District Collector

2023-12-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.26259 of 2023 1.S.Muniyandi 2.K.Subramanian 3.Magamayee 4.Muthusamy 5.Mariammal 6.Anbalagan 7.Senthilkumar 8.Shanmugam 9.Rathinasundaram 10.Marimuthu 11.Sheela ... Petitioners Vs.

1.The District Registrar, 2.The Commissioner, Thanjavur Corporation, 1/4

3.The District Revenue Officer, 4.The Tahsildar, Thanjavur Taluk, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from disturbing the possession and enjoyment of the respective shops of the petitioners as per the Allotment Order dated 27.11.1986 by considering the petitioner representation dated 14.12.2023.

For Petitioners : Mr.R.Murali For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1, R3, & R4.

Mr.N.Dilipkumar for R2.

ORDER

Heard both sides.

2.The writ petitioners claim to be descendents of Burma repatriates. They have put up shops in the petition mentioned survey 2/4

number. The petitioners had been granted license to occupy the petition mentioned site for a period of nine years in the year 1986. There is nothing on record to show that the license was extended. Therefore, they are being treated as encroachers and the shops are sought to be removed. That led to the filing of this writ petition. 3.The first respondent is called upon to grant personal audience to the petitioners in representative capacity. The petitioners can submit their memorandum to the first respondent seeking assignment of alternative sites. It is for the first respondent to take a call in the matter. The petitioners shall not be disturbed for a period of four weeks from today.

4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 20.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The District Registrar, 2.The District Revenue Officer, 3.The Tahsildar, Thanjavur Taluk, Thanjavur District.

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