1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2011 CORAM: THE HONOURABLE MR. JUSTICE P.JYOTHIMANI and THE HONOURABLE MR. JUSTICE M.DURAISWAMY Writ Petition (MD) No.5944 of 2011 T.Sugandhi .. Petitioner Vs. 1.The District Collector, Tirunelveli. 2.The District Revenue Officer, Tirunelveli. 3.The Revenue Divisional Officer, Tirunelveli. 4.The Tahsildar, Palayamkottai, Tirunelveli. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from evicting the petitioner from doing brick manufacturing at S.No.1, Karuppanthurai Vilakku, Palayamkottai Taluk, Tirunelveli District without following due process of law. For Petitioner : Mr.I.Suthakaran For respondents : Mr.K.Mahendran, Special Government Pleader ORDER (Order of the Court was made by P.JYOTHIMANI, J) This writ petition has been filed by the petitioner to forbear the respondents from evicting the petitioner from doing brick manufacturing at S.No.1, Karuppanthurai Vilakku, Palayamkottai Taluk, Tirunelveli District without following the due process of law. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Her grievance is that she has been manufacturing bricks in the poramboke land along with her family members for several years and without giving any proper notice, the respondents are attempting to interfere with the peaceful possession. According to the petitioner, even if the petitioner is an encroacher, a notice under Section 7 has to be given and orders has to be passed under Section 6 of the Tamil Nadu Land Encroachment Act and thereupon appeal provision is available to the petitioner and under the circumstances, the petitioner cannot be evicted without due process of law. 3. Considering the limited scope, without going into the merits of the matter, the Writ Petition stands disposed of directing the respondents to take appropriate action in the manner known to law for the purpose of eviction by issuing appropriate notice under the Tamil Nadu Land Encroachment Act and till such time, status quo which remains till date, shall be maintained. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli. 2.The District Revenue Officer, Tirunelveli. 3.The Revenue Divisional Officer, Tirunelveli. 4.The Tahsildar, Palayamkottai, Tirunelveli. +1 CC to Special Government Pleader (SR.No.23538) W.P.(MD) No.5944 of 2011 18.07.2011 asvm NSV/2.8.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/