Judgment · High Court
Case at a glance
Outcome
Disposed of
The Writ Petitions are disposed of in the above terms
Provisions considered
Key paragraphs
- Para 2323. It is the case of the petitioners that they are in possession and enjoyment of the respective properties bearing Survey No.585/8 in the said Village and Taluk to an extent of 1.05 Acre and 0.55 cents respectively for over 75 years and 'B' memo…
Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 10.02.2011CORAM:THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMARANDTHE HONOURABLE MR.JUSTICE R.SUBBIAHW.P.(MD).Nos.1587 and 1588 of 2011and M.P.Nos.1 and 1 of 2011L.Sasikala : Petitioner in W.P.(MD).No.1587 of 2011A.Rajalingam : Petitioner in W.P.(MD).No.1588 of 2011Vs.
The District Collector, Theni District, Theni.
The Revenue Divisional Officer, Theni.
The Tahsildar, Uthamapalayam Taluk, Theni District. : Respondents in Both Writ Petitions. PRAYER: Writ Petitions the filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents and their men from in any way dispossessing the petitioners from the land comprised in Survey No.585/8, without resorting to the provisions of the Tamil Nadu Land Encroachment Act, 1905. For Petitioners: Mr.M.Ajmal KhanFor Respondents: Mr.R.JanakiramaluSpecial Government PleaderCOMMON ORDER************[Common Order of the Court was made BY N.PAUL VASANTHAKUMAR, J]Mr.R.Janakiramalu, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petitions are taken up for final disposal at the stage of admission itself. 2. The prayer in the Writ Petitions is for issuing a Writ of Mandamusforbearing the respondents and their men from in any way dispossessing the petitioners from the land comprised in Survey No.585/8, KutchanurVillage, Uthamapalayam Taluk, to an extent of 1.05 acre and 0.55 cents, without resorting to the provisions of the Tamil Nadu Land EncroachmentAct, 1905. https://hcservices.ecourts.gov.in/hcservices/
Operative part
It is the case of the petitioners that they are in possession and enjoyment of the respective properties bearing Survey No.585/8 in the said Village and Taluk to an extent of 1.05 Acre and 0.55 cents respectively for over 75 years and 'B' memo was also issued in the name of the petitioner's husband in W.P.(MD).No.1587 of 2011. In the representation dated 06.02.2011 submitted by the petitioner in W.P.(MD).No.1588 of 2011, it is stated that he is also paying necessary kist. 4. In the light of the said averment made in the affidavit as well asin the representation dated 06.02.2011 and in view of the 'B' memo filed by the petitioner in W.P.(MD).No.1587 of 2011, the respondents aredirected to follow the procedure contemplated under the Tamil Nadu LandEncroachment Act, 1905, if they want to evict the petitioners from theirrespective lands, which are the subject matter in these Writ Petitions.5. The Writ Petitions are disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed. NBSd/-Deputy Registrar[LA]/True copy/ToAssistant Registrar1.The District Collector, Theni District, Theni. 2. The Revenue Divisional Officer, Theni. 3. The Tahsildar, Uthamapalayam Taluk, Theni District. +2cc to Mr.M.Ajmal Khan, Advocate SR.No.5337 & 5338.COMMON ORDER MADE INW.P.(MD).Nos.1587 and 1588 of 2011 Dated:10.02.20112P/6CRPB 11.02.2011[I.T.]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Writ Petitions are disposed of in the above terms
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; theTamil Nadu Land Encroachment Act, 1905; Tamil Nadu LandEncroachment Act, 1905.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.