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Madras High CourtWP(MD)/13389/2013disposed of

M.Rakkammal v. The District Collector,

2017-08-04Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13389 of 2013 and M.P(MD)No.1 of 2013 Rakkammal .. Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Assistant Engineer, Highways, Dindigul.

3.The Executive Officer, Batlagundu town Panchayat, Batlagundu, Dindigul District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing respondents from interfering with the petitioner peaceful possession and enjoyment of the property Survy No.396/A1 situated at, 38-B, Kamarajapuram Batlagundu, Dindigul District.

For petitioner : Mr.A.N.Ramanathan For Respondents : Mr.M.Govindan Special Government Pleader.

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks a direction for restraining the respondents from interfering with her possession and enjoyment of the property in question comprised in Survey No.396/1 situated at 38-B, Kamarajapuram Batlagundu, Dindigul District.

2. This Court cannot gave such a blanket relief as sought for by the writ petitioner. If the authorities are of the view that the writ petitioner has committed an act of encroachment, it is open to them to evict her by following due process of law. However, the respondents cannot evict the petitioner without issuing prior notice and affording due to opportunity.

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3.The writ petition is accordingly disposed of. No costs. Cosequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Dindigul District.

2.The Assistant Engineer, Highways, Dindigul.

3.The Executive Officer, Batlagundu town Panchayat, Batlagundu, Dindigul District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.70985 +1cc to Mr.AN.RAMANATHAN Advocate in SR. No.71159 PAD JS/KP/SAR.1/31.08.2017/2P-6C ORDER MADE IN W.P(MD)No.13389 of 2013 and M.P(MD)No.1 of 2013 04.08.2017 https://hcservices.ecourts.gov.in/hcservices/