This writ petition sought to restrain respondents from dispossessing petitioners of landed property. The court dismissed the petition, holding that the land in question was already acquired in 1980, rendering the plea of non-interference infeasible.
The writ petition was dismissed and the connected miscellaneous petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.12415 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P.No.12415 of 2010 &
M.P.No.1 of 2010
1.Shoba Devi
2.Ramesh
3.Mohan
4.Asha Devi
5.Vijayalakshmi
6.Sridhar
7.Sekar
...Petitioners
Vs.
1.The District Collector Krishnagiri District Krishnagiri
2.The Tahsildar Taluk Office, Hosur Krishnagiri District
3.The Commissioner Hosur Municipality Hosur ... Respondents
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Page 1 of 4
W.P.No.12415 of 2010
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus forbearing the respondents from entering into or dispossessing the petitioners from their lands measuring 0.05 cents of land out of the total extent of 0.12 cents in Survey No.743/2, Hosur Town and Taluk, Krishnagiri District.
For Petitioners : Mr.K.Goviganesan
For Respondents : Mr.K.M.D.Muhilan, AGP for R1 and 2
Mr.N.Subbarayalu for R3
O R D E R
Writ Petition is filed seeking to forbear the respondents from entering into or dispossessing the petitioners from their lands measuring 0.05 cents of land out of the total extent of 0.12 cents in Survey No.743/2, Hosur Town and Taluk, Krishnagiri District.
property and the respondents are trying to interfere with the possession of their property.
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W.P.No.12415 of 2010
relief has been sought by the father of the petitioners in W.P.No.7466 of 1983 and wherein this Court has dismissed the Writ Petition holding that the property is already covered under the Land Acquisition Proceedings initiated in the year 1980. Taking note of the same Writ Petition was dismissed. This fact is not disputed by the petitioner as the land in question is already acquired the question of directing the respondents not to interfere with their possession does not arise at all.
06.12.2022
kpr Internet:Yes Speaking/non-speaking order To 1.The District Collector Krishnagiri District Krishnagiri
2.The Tahsildar Taluk Office, Hosur Krishnagiri District
3.The Commissioner Hosur Municipality Hosur
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W.P.No.12415 of 2010
N. SATHISH KUMAR, J.
kpr
W.P.No.12415 of 2010
& M.P.No.1 of 2010
06.12.2022
https://www.mhc.tn.gov.in/judis __________
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1 issue framed by the court
Whether the court can issue a writ forbidding respondents from interfering with petitioners' possession when the land is already covered under land acquisition proceedings.
1 provisions across 1 enactments
Shoba Devi & Others
The District Collector, Krishnagiri
The Tahsildar, Hosur
The Commissioner, Hosur Municipality
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
