The Single Judge closed this writ petition challenging the respondents' interference with the petitioner's possession of patta land. The government pleader recorded a submission that interference would occur only after lawful acquisition, leading to the closure of the petition without costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.33244 of 2013
and M.P.No.1 of 2013
K.Elumalai ...Petitioner
Vs.
Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus forbearing the respondents from interfering with the petitioner's peaceful possession and enjoyment of patta land comprised in S.No.313A/1A having an extent of 1.53 acres situated at Vedal Village, Arakkonam Taluk, Vellore District except by due process of law.
For Petitioner : Mr.G.Jeremiah For Respondents : Ms.A.Madhumathi, Special Government Pleader (R1) R2 – no appearance
O R D E R
The petitioner has filed the above Writ Petition for issuance of Writ of mandamus forbearing the respondents from interfering with the petitioner's peaceful possession and enjoyment of patta land comprised in S.No.313A/1A having an extent of 1.53 acres situated at Vedal Village, Arakkonam Taluk, Vellore District except by due process of law.
2.It is the case of the petitioner that without acquiring the land in Survey No.313A/1A, the respondents are interfering with his peaceful possession and enjoyment.
3.Ms.A.Madhumathi, learned Special Government Pleader appearing for the 1st respondent submitted that the respondents would interfere with the petitioner's land only after acquiring the land, if required, in accordance with law.
4.Mr.G.Jeremiah, learned counsel appearing for the petitioner submitted that the submission made by the learned Special Government Pleader may be recorded and the Writ Petition may be closed.
5.Having regard to the submissions made by the learned counsel on either side, recording the submission made by the learned Special Government Pleader that the respondents would interfere with the petitioner's land only in accordance with law, the Writ Petition is closed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
va
To
1.The Commissioner,
Kaveripakkam Panchayat Union,
Arakkonam Taluk, Vellore District.
2.The President,
Vedal Village Panchayat,
Kaveripakkam Panchayat Union,
Arakkonam Taluk, Vellore District.
+1cc to the Government Pleader, S.R.No.26710
W.P.No.33244 of 2013 and M.P.No.1 of 2013
VS(CO) KKV/25/08/2020
1 issue framed by the court
Whether the respondents' interference with the petitioner's peaceful possession of patta land is without legal acquisition.
1 provisions across 1 enactments
K. Elumalai
The Commissioner, Kaveripakkam Panchayat Union
The President, Vedal Village Panchayat
M. DURAISWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
