Writ petition seeking restraint against officials interfering with petitioner's possession of property in Pozhichalur. The Tahsildar's letter admitted the petitioner's ownership; the court recorded the undertaking and directed due process if acquisition is sought.
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W.P.No.12102 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.12102 of 2022
and
W.M.P.No.11535 of 2022
C. Ravi ...Petitioner
Vs
...Respondents
1/5
PRAYER:
W.P.No.12102 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 3 to 5 their men, agents, servants of any one claiming under them, from in any manner, disturbing or interfering with the petitioner's peaceful possession and enjoyment of the properties bearing Door No.4/232, Mariamman Koil Street, Pozhichalur, Chennai 600074 comprised in Survey Nos. 310/2, Old Survey No.17/2 without following the due process of law and pass orders.
For Petitioner : Mr. C. Seethapathy For Respondents 1 to 4 : Mr.P. Gurunathan Additional Government Pleader For Respondent-5 : Mrs.P.Rajeswari
ORDER
The petitioner has filed this petition to forbear the respondents 3 to 5 their men, agents, servants of any one claiming under them, from in any manner, disturbing or interfering with the petitioner's peaceful possession
and enjoyment of the properties bearing Door No.4/232, Mariamman Koil Street, Pozhichalur, Chennai 600074 comprised in Survey Nos. 310/2, Old Survey No.17/2 without following the due process of law
2/5
W.P.No.12102 of 2022
26.07.2024 in Na.Ka.No.2696/2024/A2 wherein, it was stated that the petitioner is the owner of the subject property.
3.On a perusal of the letter sent by the Thasildhar, Pallavaram Taluk, it is seen that the respondent themselves admitted that the subject property belongs to the petitioner. Therefore, it is made clear there is no hindrance for the petitioner in enjoying his property and the undertaking given by the respondent is recorded. The respondents are directed to take appropriate measure in future if they want to acquire the land of the petitioner.
costs. Consequently the connected miscellaneous petition is closed.
29.07.2024
Index:Yes/No Speaking order/Non-speaking order smn
W.P.No.12102 of 2022
To
W.P.No.12102 of 2022
V.BHAVANI SUBBAROYAN, J.
smn
W.P.No.12102 of 2022 and W.M.P.No.11535 of 2022
29.07.2024
1 issue framed by the court
Whether respondents 3 to 5 can be restrained from disturbing the petitioner's possession of the subject property without due process of law.
1 provisions across 1 enactments
C. Ravi
The District Collector, Chengalpattu
The Revenue Divisional Officer, Tambaram
The Tahsildar, Pallavaram Taluk
The Block Development Officer, St. Thomas Mount
The President, Pozhichalur Panchayat Union
V.Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
