Common order disposing sets of writ petitions challenging eviction notices due to premises being classified as waterbodies. Court granted six months to vacate.
Petitioners directed to vacate premises within six months of the order.
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W.P(MD)Nos.243 to 247 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.01.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)Nos.243 to 247 of 2023
and
connected miscellaneous petitions
Kalamegam Arisi Gounder Gunasekar Palanisamy Kamaraj
... Petitioner in W.P.243/2023 ... Petitioner in W.P.244/2023 ... Petitioner in W.P.245/2023 ... Petitioner in W.P.246/2023 ... Petitioner in W.P.247/2023
vs.
PRAYER in all WPs : Writ Petitions filed under Article 226 of the
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W.P(MD)Nos.243 to 247 of 2023
Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned Letter issued by the 4th respondent dated Nil by his proceedings Nil and quash the same as illegal and consequently directing the respondents 1 and 2 to issue house site patta in respect of the petitioner's house property in Door Nos.811, 213, 811, 215 and 810 comprised in S.No.238/2, Pattanapatti, Iluppur Taluk, Rajalipatti, Pudukkottai District.
For Petitioner(in all WPs) : Mr.R.Maheswaran For R1 & R2(in all WPs) : Mr.M.Sarangan Additional Government Pleader
COMMON ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.)
Challenging the eviction notices issued by the 4th respondent, these writ petitions have been filed to quash the same with a consequential direction to the respondents 1 and 2 to issue house site pattas in respect of the petitioners' house properties in Door Nos.811, 213, 811, 215 and 810 respectively comprised in S.No.238/2, Pattanapatti, Iluppur Taluk, Rajalipatti, Pudukkottai District.
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W.P(MD)Nos.243 to 247 of 2023
admission, learned counsel for the petitioners sought six months time to vacate the properties in question since the same are classified as waterbody. Recording the said submission, the writ petitions were directed to be listed on 10.01.2023 under the caption 'for orders'. Again, on 10.01.2023, at the request of the learned counsel for the petitioners, the writ petitions were adjourned to 12.01.2023 for filing the undertaking affidavits.
4. Recording the aforesaid undertaking affidavits, the Writ
Petitions are disposed of directing the petitioners to vacate their respective premises in question within a period of six months from the date of receipt of a copy of this order. We make it clear that this order will be applicable only in respect of the petitioners herein and as far as the other encroachers are concerned, the respondents are directed to
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W.P(MD)Nos.243 to 247 of 2023
proceed against them in accordance with law. If the petitioners fail to
vacate the premises in question, the respondents shall take possession of the premises in question without any further notice to them. No costs. Consequently, connected miscellaneous petitions are closed.
[D.K.K.,J.] & [R.V.,J.] 12.01.2023
NCC : Yes / No Index : Yes / No Internet : Yes bala
Issue order copy on 19.01.2023
To
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W.P(MD)Nos.243 to 247 of 2023
D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.
bala
COMMON ORDER MADE IN W.P(MD)Nos.243 to 247 of 2023 DATED : 12.01.2023
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Kalamegam Arisi Gounder Gunasekar Palanisamy Kamaraj
The District Collector, Pudukkottai District
D.KRISHNAKUMAR
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
