Petitioner challenged eviction regarding land assigned to him for burial grounds. Court found the third respondent affirmed no current proposal to cancel the assignment, rendering the petitioner's apprehension unfounded. Petition dismissed without costs.
Petition dismissed; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.8077 of 2017& W.M.P.No.8838 of 2017
Nagappa
... Petitioner
Vs.
1.The District Adi-Dravidar Welfare Officer, Krishnagiri, Krishnagiri District.
2.The Tahsildar, Adi Dravidar Welfare, Krishnagiri, Krishnagiri District. 3.The Tahsildar, Head Quarters, Denkanikottai Taluk, Krishnagiri District. 4.The Inspector of Police, Denkanikottai P.S., Krishnagiri District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from evicting the petitioner and permitting to burry the dead body from the lands in Survey No.153 of Maragatta Village, Noganur, Denkanikottai Taluk, Krishnagiri District without due process of law.
For Petitioner : Mr.S.Doraisamy For Respondents : Mr.K.Parameshwaran, Government Advocate ORDER
This writ petition has been filed for a mandamus to forbear the respondents from evicting the petitioner and permitting to bury the dead body from the lands in Survey No.153 of Maragatta Village, Noganur, Denkanikottai Taluk, Krishnagiri District without following the due procedure established under law.
Since it is seen from the counter affidavit filed by the third respondent that the respondent for the present do not have any proposal to cancel the assignment made in favour of the petitioner, the apprehension of the petitioner as stated in this writ petition is uncalled for.
Sd/Assistant Registrar (CS.VII) /True Copy/ Sub Assistant Registrar To 1.The District Adi-Dravidar Welfare Officer, Krishnagiri, Krishnagiri District. 2.The Tahsildar,
Adi Dravidar Welfare,Krishnagiri, Krishnagiri District. 3.The Tahsildar, Head Quarters, Denkanikottai Taluk, Krishnagiri District. 4.The Inspector of Police, Denkanikottai P.S., Krishnagiri District.
AKM/09.03.21/2P-5C/
W.P.No.8077 of 2017 10.02.2021
1 issue framed by the court
Whether the apprehension of eviction without due procedure was sufficient to warrant the issuance of a writ of mandamus.
1 provisions across 1 enactments
Nagappa
The District Adi-Dravidar Welfare Officer, Krishnagiri
The Tahsildar, Adi Dravidar Welfare, Krishnagiri
The Tahsildar, Head Quarters, Denkanikottai Taluk, Krishnagiri
The Inspector of Police, Denkanikottai P.S., Krishnagiri
Abdul Qudduse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
