Madras High CourtWP(MD)/14703/2011disposed of

A. Noorjahan v. The District Collector

2017-11-08Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14703 of 2011 and M.P(MD)Nos.1 & 2 of 2011 A.Noorjahan .. Petitioner Vs.

1. The District Collector, Trichy.

2. The Special Tahsildar (Adi Dravidar Welfare), Collectorate Compound, Trichy.

3. The Tahsildar, Lalgudi Taluk, Trichy District.

4. The Revenue Divisional Officer, Trichy, Trichy District.

5. The Block Development Officer, Lalgudi Panchayat Union, Collectorate, Trichy District.

6. The Panchayat President cum Executive Officer, Manakkal Village, Lalgudi Taluk, Trichy District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents from evicting the petitioner from her house site situated in Survey No.13/2 and 13/1 in Amman Nagar, Manakkal village, Lalgudi Taluk, Trichy District.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.M.Alagathevan, Special Government Pleader for R.1 to R.4 Mr.D.Muruganantham for R.5 No appearance for R.6

ORDER

This writ petition is filed seeking a writ of mandamus, forbearing the respondents from evicting the petitioner from her house in Survey No.13/2 and 13/1 in Amman Nagar, Manakkal village, Lalgudi Taluk, Trichy District.

2. Heard the learned Counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4 as well as the learned Counsel appearing for the fifth respondent. There is no representation for the sixth respondent.

3. According to the petitioner, the Government sanctioned funds to her, under the Indra Gandhi Memorial House Scheme 2010-11 for constructing a house, with a specific condition to construct the same within a period of two months. It is the case of the petitioner that in the meanwhile, her husband passed away and therefore, she had started the construction works after some time. It was at this juncture, the respondents had directed the petitioner to vacate the premises, as she failed to complete the construction within the stipulated time limit. Aggrieved by the same, the petitioner has submitted several representations and the same are kept pending, without any action, the petitioner is before this Court.

4. The learned Special Government Pleader, on the other hand, fairly submitted that the averments made in the affidavit does not speak the truth and the authorities are not attempting to evict the petitioner forcibly. The learned Special Government Pleader further submitted that if at all the property is required by the Government, eviction process will be done only by following due process of law.

5. Recording such statement, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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

1. The District Collector, Trichy.

2. The Special Tahsildar (Adi Dravidar Welfare), Collectorate Compound, Trichy.

3. The Tahsildar, Lalgudi Taluk, Trichy District.

4. The Revenue Divisional Officer, Trichy, Trichy District.

+1cc to Mr.R.Jayaprakash, Advocate Sr.No.86138 +1cc to Spl.Government Pleader Sr.No.86576 GK VB/MR/KKR/SAR2/04/12/2017/3P/7C W.P(MD)No.14703 of 2011 08.11.2017