Madras High Court
V.Veeraiyan vs The District Collector on 20 February, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.P.(MD) No.4515 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.4515 of 2025
and
W.M.P.(MD)No.3244 of 2025
V.Veeraiyan ... Petitioner
-Vs-
1.The District Collector,
Tanjore District.
2.The Revenue Divisional Officer,
Pattukottai, Tanjore District.
3.The Tahsildar,
Pattukkottai, Tanjore District.
4.The Revenue Inspector,
Peravaikottai Block,
Pattukkottai (TK),
Tanjore District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, forbearing the 4th respondent Revenue Inspector from
dispossessing the petitioner herein from his property bearing S.No.113/4C
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W.P.(MD) No.4515 of 2025
measuring an extent of 18 ares in Karapankadu Village, Pattukkottai (TK), Tanjore
District without due process of law.
For Petitioner : Mr.A.Paramasivam
For Respondents : Mr.J.Ashok,
Additional Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.It is the case of the petitioner that he is in possession and enjoyment of the land in S.No.113/4C measuring an extent of 18 ares in Karapankadu Village, Pattukkottai (TK), Tanjore District. While being so, the 4th respondent issued show cause notice on 28.05.2024 under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, as if the land in question belongs to the Government and the petitioner encroached the same. The petitioner has sent a representation by way of explanation to the 4th respondent on 15.10.2024. However, the same is kept pending till date without any progress. Therefore, he has filed this Writ Petition to forbear the 4th respondent from dispossessing the petitioner from his property without due process of law.
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3.Mr.J.Ashok, learned Additional Government Pleader, who takes notice on behalf of the respondents, submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.
4.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the 4th respondent to consider the representation of the petitioner dated 15.10.2024, after giving sufficient opportunity of hearing to the petitioner and pass appropriate orders on merits and in accordance with law within a period of eight [8] weeks from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] & [S.S.Y., J.]
20.02.2025
NCC : Yes / No
Index : Yes / No
Yuva
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W.P.(MD) No.4515 of 2025
J.NISHA BANU, J.
AND
S.SRIMATHY, J.
Yuva
To
1.The District Collector,
Tanjore District.
2.The Revenue Divisional Officer,
Pattukottai, Tanjore District.
3.The Tahsildar,
Pattukkottai, Tanjore District.
4.The Revenue Inspector,
Peravaikottai Block,
Pattukkottai (TK),
Tanjore District.
W.P.(MD)No.4515 of 2025
20.02.2025
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