Madras High CourtWP(MD)/10040/2013disposed of

R.Vazhivittal, v. The District Collector,

2017-12-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10040 to 10042 of 2013 and M.P(MD)Nos.1,1 and 1 of 2013 R.Vazhivittal .. Petitioner in W.P(MD)No.10040 of 2013 R.Selvam .. Petitioner in W.P(MD)No.10041 of 2013 S.Murugeswari .. Petitioner in W.P(MD)No.10042 of 2013 Vs.

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai District.

3. The District Surveyor, Office of the Tahsildar, Madurai North Taluk, Madurai District.

4. P.Muniasamy

5. P.Elanchezhian .. Respondents in all W.Ps.

COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second and third respondents not to measure the petitioners' properties in Survey No. 70/1, in Door No.3/291C, 3/291-B and 3/291-A respectively, Nayakkanpatti Village, Poikaraipatti Post, Madurai District without giving any notice to the petitioners, contemplated under law and also direct the fourth and fifth respondents not to interfere the peaceful possession and enjoyment of the petitioners in the above said properties. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.S.Arivalagan in all W.Ps.

For Respondents 1 to 3 : Mr.T.S.Mohammed Mohideen, in all W.Ps.

Additional Government Pleader.

For Respondents 4 and 5 : No appearance in all W.Ps.

COMMON ORDER These writ petitions are filed seeking a writ of Mandamus to direct the second and third respondents not to measure the petitioners' properties bearing Door Nos.3/291-C, 3/291-B and 3/291-A, respectively, situates in Survey No.70/1, Nayakkanpatti Village, Poikaraipatti Post, Madurai District without giving any notice to the petitioners and also direct the fourth and fifth respondents, not to interfere with the peaceful possession and enjoyment of the petitioners in their respective properties. 2.Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that no such eviction process is proceeded with and if any action is taken, the same will be proceeded with, by following due process of law. 3.Recording the same, this writ petition is closed. However, it is made clear that the said undertaking applies, if the petitioners are not evicted, earlier. No costs.

Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai District.

3.The District Surveyor, Office of the Tahsildar, Madurai North Taluk,Madurai District.

+1 cc to M/S.Special Government Pleader, SR.No.93332 COMMON ORDER MADE IN W.P(MD)No.10040 to 10042 of 2013 and M.P(MD)Nos.1,1 and 1 of 2013 15.12.2017 PK/KK/SAR-1/04.01.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/