(Order of the Court was made by the Acting Chief Justice) Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for respondents 1 to 4 and Mr.M.Maharaja, learned Special Government Pleader takes notice for the fifth respondent.
2. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the respondents not to interfere with petitioner's peaceful possession and enjoyment of land comprised in Survey No.108/4 measuring to an extent of Hectare 0.20.0 ares situated at Manjaputhur Village, Sankarapuram Taluk, Villupuram District, except under due process of law.
3. It is the case of the petitioner that when one Saroja filed W.P.No.8010 of 2015 seeking removal of encroachments, this Court, by order dated 30.1.2017, recording the undertaking of the learned Additional Government Pleader that encroachments shall be cleared within two months, disposed of the said writ petition. It is alleged that based on the direction passed in the earlier writ petition, the respondents are now taking steps to evict the petitioner from the possession and enjoyment of the land comprised in S.No.108/4, without following the procedure contemplated under law. Hence, the present writ petition for the relief stated supra.
4. On hearing the learned counsel for the parties, we direct the respondent authorities to issue notice to the petitioner calling for all the relevant documents and thereafter conduct a survey of the land in respect of which the petitioner is having title. If the authorities after survey find that the petitioner has encroached upon the land, they are at liberty to proceed against the petitioner in accordance with law. We make it clear that till the above said exercise is completed by following due process of law, no coercive action shall be initiated by the respondents.
The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.8555 of 2017 is closed.
(H.G.R., ACJ.) (T.K.R., J.) 04.04.2017 Index : No Internet : Yes sasi To:
1 The District Collector Villupuram, Villupuram District.
2 The District Revenue Officer O/o. District Revenue Officer Villupuram District.
3 The Revenue Divisional Officer Kallakurichi, Villupuram District.
4 The Tahsildar Sankarapuram Taluk Villupuram District.
5 The Inspector HR & CE Department Kallakurichi, Villupuram District.
HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKA RAMAN,J.
(sasi) W.P.No.7823 of 2017 4.4.2017 http://www.judis.nic.in