1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.276 of 2011 and M.P(MD)No.1 of 2011 M.Karikalan : Petitioner Vs. 1.The District Collector, Collectorate Building, Madurai District. 2.The Tahsildar,Taluk Office, Melur Taluk, Madurai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents not to evict the petitioner and not to demolish the superstructure in Door No.W.10-199 & W.10-201 situated in Survey No.272, Karungalakudi Village, Melur Taluk, Madurai District, without following the procedures prescribed under Tamilnadu Land Encroachment Act or any other law in force and further direct the respondents to consider the petition for grant of patta in respect of the property bearing Door No.W.10-199 & W.10-201 in Karungalakudi Village, Melur Taluk, Madurai District in the light of G.O.No.854, Revenue Department, dated 30.12.2006. For Petitioner :Mr.K.Baalasundharam For Respondents :Mr.S.C.Herold Singh, Govt. Advocate O R D E R The petitioner seeks a Writ of Mandamus directing the respondents not to evict him from the residential house bearing Door No.W.10-199 & W.10-201 situated in Survey No.272, Karungalakudi Village, Melur Taluk in the District of Madurai, without following the procedure known to law. 2. According to the petitioner, the property in Survey No.272 situated in Karungalakudi Village has been in the possession and enjoyment of his father since 1972. They have also constructed a residential house in the said property and it was assigned door number by the Panchayat. The father of the petitioner has been paying the property tax. The Electricity Board has also granted service connection to the building as per S.C.Nos.160 and 236. 3. While the matters stood thus, the second respondent attempted to disposses the petitioner and his family. This made the petitioner to file the Writ petition. 4. When the matter came up on 07.01.2011, I have directed the learned Government Advocate to take instructions from the respondents and accordingly, the matter was adjourned. https://hcservices.ecourts.gov.in/hcservices/ 2 5. When the matter is taken up today, the learned Government Advocate submits that he has no instructions from the respondents. 6. The petitioner seeks a limited prayer to restrain the respondents from evicting him from the subject property, without following the procedure under the Tamil Nadu Land Encroachment Act. 7. The documents enclosed in the typed set of papers gives an indication that the house constructed in the subject property was assessed to property tax by the statutory authority. The Electricity Board has also given service connection to the house. Those documents are prima facie proof of possession of the property the petitioner. 8. Therefore, I am of the view that in case the respondents seeks to disposses the petitioner, they should resort to the provisions under the Tamil Nadu Land Encroachment Act or any other enactments. It is not open to the respondents to forcibly dispossess the petitioner. 9. The Writ petition is disposed of with the above direction. No Costs. Consequently, connected miscellaneous petition is closed. SD DEPUTY REGISTRAR ( ACCOUNTS ) /TRUE COPY/ ASST REGISTRAR pm To 1.The District Collector, Collectorate Building, Madurai District. 2.The Tahsildar, Taluk Office, Melur Taluk, Madurai District. 1CC TO MR.K. BAALASUNDARAM, ADVOCATE, SR: 8501: DM:2011:FEBRUARY:18::: W.P.(MD)No.276 of 2011 10.02.2011 2P:4C:; https://hcservices.ecourts.gov.in/hcservices/