Petitioner sought writ mandamus to delete his property from eviction proceedings. Court found pending patta grant process and directed authorities to halt demolition and decide on patta entitlement within four months.
Direction not to demolish petitioner's house and decide on patta entitlement within four months.
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W.P.[MD]No.8554 of 2021
A.Sasikumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021 CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.8554 of 2021 and W.M.P.[MD]No.6436 of 2021 ... Petitioner
Vs.
1.The Government of Tamil Nadu, Rep. through its Secretary, Department of Revenue, St. George Fort, Chennai – 600 009.
2.The Commissioner of Land Administration, Chepauk, Chennai – 600 005.
3.The District Collector, Madurai District, Madurai.
4.The Commissioner, Madurai Corporation, Madurai.
5.The Revenue Divisional Officer, Thirumangalam, Madurai District.
6.The Tahsildar, Thirupparankundram Taluk, Madurai District.
7.The Inspector of Police, Thiru Nagar Police Station, Madurai City.
8.The Village Administrative Officer, Thirupparankundram Village, Thirupparankundram, Madurai – 5.
9.The Revenue Inspector, Thirupparankundram Village, Thirupparankundram, Madurai – 5. ... Respondents
P RAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to delete the property owned by the petitioner comprised in Door No.4, https://hcservices.ecourts.gov.in/hcservices/
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W.P.[MD]No.8554 of 2021
Block No.160, Srinivasapuram, Annai Sathya Street, Thiru Nagar, Thirupparankundram Revenue Village, Madurai District from the purview of eviction of unauthorized occupants under Land Encroachment Act or any other enactment.
For Petitioner : Mr.R.Aravindan For Respondents 1to3, 5to9 : Mr.K.Mu.Muthu,
Additional Government Pleader **O R D E R **************
[Order of the Court was made by T.S.SIVAGNANAM, J. ]
With the consent on either side, this Writ Petition itself is taken up for final disposal.
2.Heard Mr.R.Aravindan, learned Counsel appearing for the petitioner and Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents 1 to 3 and 5 to 9.
3.The petitioner seeks for issuance of a Writ of Mandamus, to direct the respondents to delete the property owned by the petitioner comprised in Door No.4, Block No.160, Srinivasapuram, Annai Sathya Street, Thiru Nagar, Thirupparankundram Revenue Village, Madurai District from the purview of eviction of unauthorized occupants under Land Encroachment Act.
4.The learned Additional Advocate General, on instructions submitted that the pattas which were granted in the year 2009 were found to be bogus pattas, not only to the petitioner but also to others and those pattas were cancelled in the year 2013. Now, in terms of the policy decision taken by the Government, the name of the petitioner has been recommended for grant of patta.
5.Since, the matter is under process, we direct the respondents not to demolish the petitioner's house but take a decision as to whether the petitioner is entitled for such patta in accordance with law, within a period of four [4] months from the date of receipt of a copy of this order.
6.With the above direction, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Assistant Registrar (CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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W.P.[MD]No.8554 of 2021
MR
Note: 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.
To
1.The Secretary, Government of Tamil Nadu, Department of Revenue, St. George Fort, Chennai – 600 009. 2.The Commissioner of Land Administration, Chepauk, Chennai – 600 005. 3.The District Collector, Madurai District, Madurai. 4.The Commissioner, Madurai Corporation, Madurai. 5.The Revenue Divisional Officer, Thirumangalam, Madurai District. 6.The Tahsildar, Thirupparankundram Taluk, Madurai District. 7.The Inspector of Police, Thiru Nagar Police Station, Madurai City. 8.The Village Administrative Officer, Thirupparankundram Village, Thirupparankundram, Madurai – 5. 9.The Revenue Inspector, Thirupparankundram Village, Thirupparankundram, Madurai – 5. +1 CC to M/s.SPL GP ( SR-17969[F] dated 28/04/2021 )
ORDER MADE IN W.P.[MD]No.8554 of 2021 27.04.2021
RK(13.05.2021) 3P 11C
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2 issues framed by the court
Whether the High Court should issue a writ directing the removal of the petitioner's property from eviction proceedings pending patta verification.
Whether the court should direct authorities not to demolish the petitioner's house while decisions on patta grant are pending.
A.Sasikumar
Government of Tamil Nadu
Commissioner of Land Administration
District Collector, Madurai District
Commissioner, Madurai Corporation
Revenue Divisional Officer, Thirumangalam
T.S.SIVAGNANAM
S.ANANTHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
