Disposed

Chithiraivel.K v. the District Collector

Madras HC9 Aug 2021WP(MD)/13743/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court addressed a writ petition challenging an eviction order passed without notice against a petitioner claiming 35 years of possession. The Court directed the respondent to treat the order as notice, grant a 4-week reply period and a subsequent hearing within 8 weeks

What did the court decide?

Impugned order treated as notice; petitioner to reply within 4 weeks; respondent to hold hearing and pass orders within 8 weeks; possession not to be disturbed.

Chithiraivel.K Vs the District Collector — Landlord and Tenant | Madras HC (2021)

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W.P(MD)No.13743 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2021 CORAM:

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THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and

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THE HONOURABLE MR.JUSTICE M.DURAISWAMY

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W.P(MD)No.13743 of 2021 and W.M.P(MD)Nos.10676 and 10678 of 2021

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K.Chithiraivel ... Petitioner

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1.The District Collector, Ramanathapuram District, Ramanathapuram.

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2.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Paramakudi, Ramanathapuram District.

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3.The Thasildar, O/o.Tahsildhar,

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Kadaladi,Ramanathapuram District.

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4.The Executive Officer, Sayalkudi Town Panchayat, Kadaladi Taluk, Ramanathapuram District. ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.153/2021 on the file of the fourth respondent dated 12.07.2021 and quash the same as illegal and consequently direct the respondents to provide patta to the petitioner in Survey No.459/1 in an extent of 2 cents or any other alternative place at Anna Nagar, Sayalkudi, Kadaladi Taluk, Ramanathapuram District within the time stipulated by this Court.

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For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.B.Saravanan Government Advocate

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ORDER

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(Order of the Court was made by N.KIRUBAKARAN,J. )

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The petitioner has challenged the order passed by the fourth respondent claiming the petitioner as encroacher at Kulairuppu Kanmoi (Anna Nagar), Sayalkudi, Kadaladi Taluk, Ramanathapuram https://hcservices.ecourts.gov.in/hcservices/ District, stating that she has encroached upon the water body.

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W.P(MD)No.13743 of 2021

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2.Heard Mr.T.Thirumurugan, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Government Advocate appearing for the respondents 1 to 4.

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3.A perusal of the records would show that the impugned order has been passed without giving notice to the petitioner. The impugned order is an order of eviction. The petitioner would contend that he has been residing there in the premises for the past 35 years.

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4.In view of the alleged long possession of the property by the petitioner, it is appropriate to direct the petitioner to treat the impugned order, dated 12.07.2021, as a notice and give a reply within a period of four weeks from the receipt of a copy of this order and on such reception of reply from the petitioner, the fourth respondent shall give an opportunity of hearing to the petitioner and pass appropriate orders within a period of eight weeks thereof. Till such time, the petitioner's possession shall not be disturbed.

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5.With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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Note :

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In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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1.The District Collector, Ramanathapuram District, Ramanathapuram.

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2.The Revenue Divisional Officer, O/o.The Revenue Divisional Office,

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Paramakudi, Ramanathapuram District.

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

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W.P(MD)No.13743 of 2021

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3.The Thasildar, O/o.Tahsildhar, Kadaladi, Ramanathapuram District. 4.The Executive Officer, Sayalkudi Town Panchayat, Kadaladi Taluk, Ramanathapuram District. +1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-25702[F] dated 09/08/2021 ) +1 CC to M/s.GP ( SR-25769[F] dated 10/08/2021 )

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W.P(MD)No.13743 of 2021 09.08.2021

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RD(16.08.2021) 3P 7C

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

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Chithiraivel.K v. the District Collector

Case brief

What is this about?

What did the court decide?

Chithiraivel.K v. the District Collector

Case brief

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