IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 21-11-2008 Coram: The Honourable Mr.Justice M.JAICHANDREN W.P.No.3960 of 2003 1. Smt.Kannagi 2. A.Muthu 3. C.Madhu 4. Smt.V.Valli 5. M.Egambaram 6. Unnamalai 7. M.Subramani 8. V.Anjalai 9. V.Kaliyammal 10. M.Ganga 11. S.Devaraj 12.D.Nagaraj 13.R.Munusamy 14.G.Chandra 15.H.Kaveri 16.K.Palani 17.R.Elumalai 18.M.K.Nagan 19.K.Elumalai 20.R.Palani 21.D.Raju 22.Kanniyammal 23.P.Murugan 24.Saroja 25.E.Megavel 26.P.K.Balakrishnan 27.S.Gopal 28.V.Vinayagam 29.N.Mariyappan 30.K.Pushparaj 31.K.Chandramoorthy 32.Selvi 33.S.Velu 34.Venkatesan 35.Ramaiya 36.Pushpa .. Petitioners Vs https://hcservices.ecourts.gov.in/hcservices/ The President Nerukundram Panchayat Union Ambattur Taluk, Chennai-107 Tiruvallur District .. Respondent Prayer: Petition filed seeking for a writ of Mandamus to forbear the respondent from forcibly evicting the petitioners from the peaceful possession and enjoyment of their respective portion of property of house and vacant plot in survey No.249 of Nerkundram Village, Ambattur Taluk, Chennai-600 107, Tiruvellure District except due process of law. For Petitioner : Mr.M.V.Muralidaran For Respondent : No Appearance O R D E R Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. 2. This writ petition has been filed praying for a writ of mandamus to forbear the respondent from forcibly evicting the petitioners from their respective portions of the house and the vacant plot in survey No.249 of Nerkundram Village, Ambattur Taluk, Chennai, Tiruvallur District, which are under their peaceful possession and enjoyment. 3. It has been stated that the land in which the petitioners are residing is shown as Kusavankulam poramboke land in the revenue records. The Revenue Inspector of Maduravoyal had issued 'B' Memos to the petitioners. They are regularly paying the house taxes and other amounts due to the revenue department. The petitioners had put up small huts on the land in which they are permanently residing. The state Government had issued ration cards and the Tamil Nadu Electricity Board had given electricity connection to the houses in which the petitioners and their families are residing. The petitioners and their families are residing in the said land for more than 23 years. While so, the respondent is attempting to evict the petitioners from the land in which they are residing. In such circumstances, the petitioners have preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 4. The reliefs sought for by the petitioners in the present writ petition is general in nature. Sufficient proof has not been shown by the petitioners to substantiate their claims that the respondent is attempting to evict them, without following the procedures established by law. It may be appropriate for the petitioners to approach the civil Courts to establish their rights, if any, in respect of the land said to be under their occupation. Further, it goes without saying that if the https://hcservices.ecourts.gov.in/hcservices/ petitioners are to be evicted, the respondent would have to follow the appropriate procedures established by law. Since the petitioners have not shown that the respondent is attempting to evict them, illegally, the reliefs sought for by the petitioners cannot be granted by this Court. In such circumstances, this Court is not persuaded to issue a writ of Mandamus, as prayed for by the petitioners. Hence, the writ petition stands dismissed. Consequently, connected W.M.P.No.4981 of 2003 is also dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar lan To: The President Nerukundram Panchayat Union Ambattur Taluk, Chennai-107 Tiruvallur District 1 cc To Mr.M.V.Muralidaran, Advocate, SR.65228. W.P.No.3960 of 2003 BS(CO) RVL 08.12.2008 https://hcservices.ecourts.gov.in/hcservices/