1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.2022 of 2011 and M.P.No.1 of 2011 K.Bose : Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Sivagangai, Sivagangai District. 3.The Tahsildar, Ilayangudi Taluk, Sivagangai District. 4.S.Pugalendhi : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the impugned eviction notice made in Na.Ka.(E4)/15302/2009, dated 02.02.2011 on the file of the first respondent and consequential eviction notice made in Na.Ka.A2/6975/2009, dated 11.02.2011 on the file of the third respondent and quash the same. For Petitioner : Mr.V.Kannan For Respondents 1to3 : Mr.K.Mahendran Special Government Pleader For Respondent 4 : Mr.S.Pugalendhi Party-in-person O R D E R [Order of the Court was made BY K.SUGUNA, J] This Writ Petition is filed challenging an order dated 02.02.2011, by which the first respondent has passed an order stating that there is an encroachment made by the petitioner in respect of Survey Nos.217/3 and 217/4. In pursuance of the said order, the consequential order dated 11.02.2011 has been passed by the Tahsildar, by which the petitioner has been directed to vacate the encroached portion of the said land within a period of 15 days. 2. According to the learned counsel for the petitioner, the petitioner had filed a Civil Suit in O.S.No.31 of 2010, on the file of https://hcservices.ecourts.gov.in/hcservices/ 2 the District Munsif cum Judicial Magistrate, Ilayangudi and got an order of injunction restraining the respondents therein from disturbing the petitioner, and therefore, the impugned orders are liable to be set aside. 3. From a perusal of the decree passed by the Civil Court, it is seen that no such declaration that the property in question belongs to the petitioner and he is the absolute owner of the property has been granted. Apart from this, as per the impugned order, as far as Survey No.217/3 is concerned, it is a cart track and as far as Survey No.217/4 is concerned, it is a burial ground. But, it is the stand of the learned counsel for the petitioner that the said properties belong to him. In support of his contention, no such document has been produced before this Court. Under such circumstances, the stand of the petitioner cannot be accepted, that too, when the property in question, as per the impugned order, is a burial ground, which will normally be used by the entire village people, this Court is not inclined to grant the relief sought for. According to the learned counsel for the petitioner, the petitioner is willing to approach the Civil Court. 4. In view of the above, the Writ Petition is disposed of by granting liberty to the petitioner to approach the Civil Court to establish his right that the property in question belongs to him and for a period of one month from the date of receipt of a copy of this order, the respondents are restrained from taking any further action with regard to the property in question. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Sivagangai, Sivagangai District. 3.The Tahsildar, Ilayangudi Taluk, Sivagangai District. +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.17677 +1CC TO MR.S.PUGALENDHI, PARTY IN PERSON, SR.17609 +1CC TO MR.V.KANNAN, ADVOCATE SR.17607 NB SR : 20.06.2011 : 2p/7c ORDER MADE IN W.P.(MD).No.2022 of 2011 08.06.2011 https://hcservices.ecourts.gov.in/hcservices/