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Madras High CourtWP(MD)/16976/2013dismissed as withdrawal

M.Meena, W/O. Muruganandam, v. The District Collector

2017-07-05Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.16976 of 2013 and M.P.(MD).No.1 of 2013 M.Meena : Petitioner Vs.

1. The District Collector Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer Sivagangai, Sivagangai District.

3. The Tahsildar, Sivagangai Taluk, Sivagangai District.

4. The Village Administrative Officer, Paiyoorpillai Vayal Group, Sivagangai District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent not to interfere into the petitioner's peaceful possession and enjoyment of her house property situated at No.1442/B1, Seethalakshmi Nagar, 6th Cross Street, Thondi Road, Sivagangai, Sivagangai District without due process of law. For Petitioner : Mr.K.M.Senthil Vinayagam For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to restrain the fourth respondent from interfering with her peaceful possession and enjoyment of the property situated at No.1442/B1, Seethalakshmi Nagar, 6th Cross Street, Thondi Road, Sivagangai, Sivagangai District.

https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner is stated to be in possession and enjoyment of the property bearing No.1442/B1 for a considerable period. According to the petitioner, attempt was made by the fourth respondent to evict her from the property in question without issuing notice. The petitioner, therefore, rushed to this Court and filed this Writ Petition

3. Even if the petitioner is an encroacher, she would be evicted only in the manner known to law. There is no question of eviction in an unauthorized manner and without reference to the Statute relating to such encroachment.

4. The Writ Petition is disposed of with the above observation. No costs. Consequently, the connected miscellaneous petition is closed.

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

1. The District Collector Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer Sivagangai, Sivagangai District.

3. The Tahsildar, Sivagangai Taluk, Sivagangai District.

4. The Village Administrative Officer, Paiyoorpillai Vayal Group, Sivagangai District.

+1cc to Spl.Government Pleader Sr.No. 63701 SML VB/SV/SAR1/17.07.2017/2P/6C Order made in W.P.[MD].No.16976 of 2013 Dated: 05.07.2017 https://hcservices.ecourts.gov.in/hcservices/