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M.Subramaniapillai vs 4 The Revenue Officer

Madras High Court|07 November, 2017

JUDGMENT / ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] The petitioner and his wife claiming to be the absolute owners of the property bearing house Plot No.27A and 28A comprised in Survey No.318 [part], Pallikaranai Village, Sholinganallur Taluk, Kancheepuram District, admeasuring to an extent of 14 cents, came forward to file the present writ petition, alleging threat of eviction on the part of the respondents without resorting to due course of law.
2 This writ petition was entertained on 24.08.2017 and interim order was granted till 21.09.2017 and in the interregnum, the 2nd respondent has filed WMP.No.26861/2017, for vacating the interim order.
3 The learned counsel for the petitioner, on instructions, seeks permission of this Court to withdraw this writ petition and he has also made an endorsement in the petition to that effect.
4 Mrs.M.E.Rani Selvam, learned Additional Government Pleader appearing for the respondents has drawn the attention of this Court to the affidavit filed in support of the petition to vacate the interim order of injunction and would submit that the petitioner had put up the superstructures in S.No.318, which has been classified as the Government Poramboke Eri Ulvay in the Government records and the lands are not patta lands and in fact, no pattas were issued even under the regularisation scheme by the Tahsildar concerned and as such, the writ petitioners are not having any right or title over the said land and no building plan has also been approved by the competent authorities and that apart, this Court had also issued directions to the Government officials to demolish the unauthorized buildings in the lands classified as Eri Poramboke which are highly objectionable.
5 Accordingly, the 2nd respondent is directed to take immediate and appropriate action against the petitioners in accordance with law in the light of the stand taken by the 2nd respondent in paragraph No.5 of the affidavit filed in the vacate stay petition dated 19.09.2017.
6 In the light of the submission and endorsement made by the learned counsel for the petitioner, the writ petition stands dismissed as withdrawn subject to the above observation. No costs. Consequently, the interim order is vacated and WMP.No.24064/2017 stands vacated and WMP.No.24064/2017 stands dismissed and WMP.No.26861/2017 is ordered.
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Title

M.Subramaniapillai vs 4 The Revenue Officer

Court

Madras High Court

JudgmentDate
07 November, 2017