Landowner sought mandamus restraining police and revenue officials from interfering with her 4.67 acres at Perunkottur village. Court noted a Division Bench direction to acquire lands for a pathway to a crematorium and directed officials to proceed with acquisition by due process.
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W.P.(MD)No.2123 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.2123 of 2025 and W.M.P(MD)No.1499 of 2025
Ranjitham
... Petitioner
/Vs./
1/6
W.P.(MD)No.2123 of 2025
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 4 to 6 from interfering into the possession of the petitioner's properties to an extent of 4 acres and 67 cents situated in Survey Nos. 421/1, 421/2 and 421/3B , Perunkottur village Thiruvengadam Taluk Tenkasi District.
For Petitioner : Mr.R.Anand
For Respondents : Mr.D.Gandhi Raj
Special Government Pleader for R1,5,6&7 : Mrs.M.Aasha,
Government Advocate (Crl.Side) for R2-4
ORDER
This Writ Petition has been filed for a direction, forbearing the respondents 4 to 6 from interfering into the possession of the petitioner's
properties to an extent of 4.67 Acres, comprised in Survey Nos. 421/1, 421/2 and 421/3B, situated at Perunkottur village, Thiruvengadam
Taluk, Tenkasi District.
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W.P.(MD)No.2123 of 2025
2. Heard the learned counsel on either side and perused the materials available on record.
4. The learned Government Counsel, on instructions, would submit that one Kottur Chellapandiyan, filed a writ petition in W.P.(MD)No. 30112 of 2024 and the Hon'ble Division Bench by an order dated 12.12.2024 for direction, directing the District Collector to acquire the lands comprised in S.Nos.420/1C, 420/2A, 420/B1, 420/2B2, 420/3, 421/1, 421/2, 421/3A1 from the pattadars under due process of law, to make the pathway to reach crematorium ground comprised in S.No.
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W.P.(MD)No.2123 of 2025
421/14 and 464/1 situated at Perunkottur village, Thiruvengadam Taluk, Tenkasi District. In view of the above direction, process is going on. In
order to stall the stay proceedings, now, the present writ petition has been filed alleging that the fourth respondent without due process of the law, damaged the fencing of the petitioner.
5. In view of the above, the respondents 4 to 6 are directed to proceed to complete the order passed by this court in W.P.(MD)No.30112 of 2024, dated 12.12.2024 by due process of the law.
6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Internet : Yes/No 27.01.2025 NCC : Yes / No LS
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W.P.(MD)No.2123 of 2025
TO:-
5/6
W.P.(MD)No.2123 of 2025
G.K.ILANTHIRAIYAN, J.
LS
Order made in W.P.(MD)No.2123 of 2025
Dated: 27.01.2025
1 issue framed by the court
Whether respondents 4 to 6 could interfere with the petitioner's possession of Survey Nos. 421/1, 421/2 and 421/3B without due process.
Colour shows how this judgement treated each authority
W.P.(MD)No.30112 of 2024Referred
1 provisions across 1 enactments
Ranjitham
The District Collector, Tenkasi District
The Superintendent of Police, Tenkasi District
The Deputy Superintendent of Police, Sankarankovil
The Inspector of Police, Thiruvengadam Police Station
The Tahsildar, Thiruvengadam Taluk
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
