1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).Nos.2493 to 2497 of 2011 and M.P.Nos.1,1,1,1,1,2,2,2,1,2,3,3,3 and 3 of 2011 A.Sethu : Petitioner in W.P.(MD).No.2493 of 2011 C.Muthaiah : Petitioner in W.P.(MD).No.2494 of 2011 P.Veeran : Petitioner in W.P.(MD).No.2495 of 2011 Karnan : Petitioner in W.P.(MD).No.2496 of 2011 Arumugam : Petitioner in W.P.(MD).No.2497 of 2011 Vs. 1.The District Collector, Madurai District, Madurai. 2.The Revenue Divisional Officer, Madurai District, Madurai. 3.The Tahsildar, Melur Taluk, Madurai District. 4.The Commissioner, Panchayat Union Office, Melur, Madurai District. 5.Therkku Theru Panchayat, Represented by its President, R.Saravanakumar, S/o.Rajasekaran, Therkkutheru, Melur Taluk, Madurai District 625 122. 6.Mayan : Respondents in all cases PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the second respondent in Na.Ka.807/2011/A, dated 31.01.2011, quash the same and consequently forbear the respondents from in any manner dispossessing the petitioners from the house property or demolishing the petitioners' houses comprised in Plot No.64, 61, 62, 63 and 66 in Survey Nos.248/1, Kakkan Ji Colony, https://hcservices.ecourts.gov.in/hcservices/ 2 Therkkutheru Village, Melur Taluk, Madurai District. For Petitioners : Mr.A.Rahul For Respondents1to5 : Mr.K.Mahendran Special Government Pleader For Respondent 6 : Mr.T.Lajapathi Roy COMMON ORDER [Common Order of the Court was made BY P.JYOTHIMANI, J] Since a common issue is involved in all these Writ Petitions, they were heard together and they are disposed of by means of this Common Order. 2. The Writ Petitioners have been granted assignment as per the proceedings dated 17.12.1990 issued by the third respondent – Tahsildar, Melur Taluk, Madurai District, along with many other persons. On a complaint made by the sixth respondent, it appears that certain proceedings have been initiated by the second respondent - Revenue Divisional Officer, by treating that the petitioners are the encroachers. It was in those circumstances, on the assumption that at any time, the possession of the petitioners will be disturbed by the Revenue Authorities, the present Writ Petitions have been filed challenging the proceedings of the second respondent – Revenue Divisional Officer, Madurai District, Madurai, dated 31.01.2011. 3. On a reference to the impugned proceedings of the second respondent dated 31.01.2011, it is clear that it is an inter- departmental communication between the Revenue Divisional Officer and the Commissioner of the Panchayat, Melur, Madurai District. Of course, a copy of the said communication is marked to the sixth respondent, on the basis that he has made representation that the petitioners have made encroachments. 4. The learned counsel for the sixth respondent, now, would submit that the assignment granted to the petitioners and others stood cancelled and as-on-date, there is no building put up in the said area. 5. If that is the case, we are of the view that the third respondent should be directed to conduct an enquiry, after giving notice to the petitioners as well as to the sixth respondent and pass appropriate orders on merits and in accordance with law. 6. Accordingly, without going into the correctness or otherwise of the impugned proceedings issued by the Revenue Divisional Officer, Madurai, dated 31.01.2011, we direct the third respondent - Tahsildar to conduct an enquiry with regard to the assignment or cancellation https://hcservices.ecourts.gov.in/hcservices/ 3 of assignment or taking action for eviction of the encroachers, by giving notice to the petitioners as well as to respondents 5 and 6 and pass appropriate orders on merits and in accordance with law. Till such orders are passed by the third respondent – Tahsildar, status-quo, which is in existence as-on-date, shall be maintained by the parties. It is made clear that this Court has not expressed any opinion on the merits of the case. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai. 2.The Revenue Divisional Officer, Madurai District, Madurai. 3.The Tahsildar, Melur Taluk, Madurai District. 4.The Commissioner, Panchayat Union Office, Melur, Madurai District. 5.The President, Therkku Theru Panchyat, Therkku Theru, Melur Taluk, Madurai District. +1cc to Mr.T.Lajapathi Roy, Advocate, Sr.No.25327 NB SMA/10.8.2011/7C/3P COMMON ORDER MADE IN W.P.(MD).Nos.2493 to 2497 of 2011 29.07.2011 https://hcservices.ecourts.gov.in/hcservices/