1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 24..03..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.3312 of 2011 and M.P.(MD)No.1 of 2011 S. Kadarkaraiyandi, S/o. Sudalaimuthu ... Petitioner - Vs - 1. The District Collector, Tirunelveli District. 2. The Sub Division Magistrate cum Sub Collector, Cheranmahadevi, Tirunelveli District. 3. The Tahsildar, Radhapuram Taluk, Tirunelveli District. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to forbear the respondents 1 to 3 from any way disturbing the petitioner peaceful possession and enjoyment of the petitioner house situates in Door No.119 in Survey No.459 of Panagudi Village, Radhapuram Taluk, Tirunelveli District and in any manner whatsoever. For Petitioner :: Mr.P.Gunasekaran For Respondents :: Mr.R.Janakiramulu Special Government Pleader ORDER (Order of the Court was delivered by K. SUGUNA, J.) This Writ Petition is filed for issuance of a Writ of Mandamus to forbear respondents 1 to 3 from any way disturbing the petitioner's peaceful possession and enjoyment of the house situates in Door No.119 in Survey No.459 of Panagudi Village, Radhapuram Taluk, Tirunelveli District and in any manner whatsoever. 2. Case of the petitioner is that he has constructed a house in Door No.119 in Survey No.459 of Panagudi Village, Radhapuram Taluk, Tirunelveli District and he is in occupation of the same for the past 50 years. He is paying the water tax, electricity charges and other things. He has also paid "B-memo". Now, according to the learned counsel for the petitioner, even as per the orders passed in C.C.No.12 of 2008, since the petitioner had paid "B-Memo", he is entitled to continue in the said house However, basing on the order passed by this Court dated 11.03.2010 in W.P (MD)No.1251 of 2010, according to the learned counsel for the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 2 without following the procedure contemplated under the relevant Rules, the official respondents are disturbing the petitioner. Consequently, this writ petition. 3. On a perusal of the documents filed by the petitioner, it is seen that this Court on 11.03.2010 has passed an order in W.P.(MD)No.1251 of 2010. The operative portion of the said order is as follows:- "3. The petitioner now states that though all the huts were removed the walls continue to remain which prevents the flow of water to the water body and therefore, the said structure should also be removed. We only direct the third respondent to make an inspection of that site and if there is any solid structures like compound walls, necessary steps shall be taken to remove such structures. Such exercise shall be carried out by the third respondent expeditiously, preferably within a period of six weeks from the date of receipt of a copy of this order." 4. As per the above said direction, the Authorities are directed to take appropriate steps. According to the petitioner, he has also filed an application before all the Authorities seeking patta basing on the Government Orders. Under such circumstances, we are of the opinion that ends of justice would be met by directing the official respondents to follow the procedure contemplated under the relevant Rules and Act and take appropriate steps since an application has been filed by the petitioner seeking patta and it is the stand of the petitioner that his neighbour has been given patta. 5. Taking into consideration all these aspects, the respondents are directed to examine the issue and pass appropriate orders in this regard on merits and in accordance with law. Till such orders are passed, the respondents are restrained from disturbing the petitioner from the said place in question. 6. With the above said direction, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To: 1. The District Collector,Tirunelveli District. 2. The Sub Division Magistrate cum Sub Collector, Cheranmahadevi,Tirunelveli District. 3. The Tahsildar,Radhapuram Taluk,Tirunelveli District. +1cc to Mr.P.Gunasekaran, Advocate SR.No.7969 +1cc to The Special Govt.Pleader SR.No.8230 W.P.(MD)No.3312 of 2011 and M.P.(MD)No.1 of 2011 24.03.2011 Dpn PA/08.04.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/