IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.10.2010 Coram: THE HONOURABLE Ms. JUSTICE K.B.K.VASUKI W.P. No.18862 of 2010 and M.P.No. 1 of 2010 P.Kanthavelu, S/o.Perumal Rep. by his Power of Attorney Agent, Mr.R.Babu S/o.G.Ramalingam No.84, Thayar Sahib Street, Mount Road, Chennai-2. .. Petitioner vs. 1.The District Collector, Kancheepuram District. 2.The District Revenue Officer, Kancheepuram District. 3.The Tahsildar, Tambaram Taluk, Kancheepuram District. 4.The Village Administrative Officer, No.17, Madipakkam Village, Kancheepuram District. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, forbearing the respondents from in any way interfering with the petitioner's possession of the property bearing Survey No.363/1B, New Patta No.2326, Old Patta No.1824, situated at Viduthalai Nagar, No.17, Madiakkam-II, S.Kolathur Village, Tambaram Taluk, Kancheepuram District either by demolishing the same or by any other means without prior notice to the petitioner as contemplated under the Tamil Nadu Encroachment Act 1905. For Petitioner : Mr.K.Mahalingam For R1 to R4 : Mr.P.Subramanian, AGP. https://hcservices.ecourts.gov.in/hcservices/ O R D E R The learned Additional Government Pleader takes notice on behalf of the respondents 1 to 4. On consent, the writ petition is taken up for final hearing at the admission stage. 2. The limited relief sought for herein is for forbearing the respondents from interfering the petitioner's possession and enjoyment of the property in question except under due process of law. 3. According to the learned counsel for the petitioner, the petitioner has been on the strength of the settlement deed dated 19.09.2006 executed by one Indiraniammal in his favour, in possession and enjoyment of the property by obtaining patta, chitta and adangal from the appropriate authority, the copy of which are enclosed in the typed set of papers and such possession and enjoyment of the property is sought to be interfered with particularly by the respondents 2 to 4 by using their official influence. In my considered view the documents above referred to, do support the petitioner's theory of possession and enjoyment of the property in question. The limited relief sought for herein is not to dispossess the petitioner forcibly from the land in question except under due process of law. 4. Considering the nature of the relief, this court is inclined to restrain the respondents from interfering with the petitioner's possession and enjoyment of the property more fully described in the writ petition except in accordance with the procedure laid down under law. 5. The writ petition is accordingly ordered. No costs. Consequently, connected miscellaneous petition is closed. tsh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.The District Collector, Kancheepuram District. 2.The District Revenue Officer, Kancheepuram District. 3.The Tahsildar, Tambaram Taluk, Kancheepuram District. 4.The Village Administrative Officer, No.17, Madipakkam Village, Kancheepuram District. + 1 cc to Mr. S. Sathish Rajan, Advocate SR No.73700 + 1 cc to Government Pleader, SR No.74021 W.P.No.18862 of 2010 SJ(CO) SR/28.10.2010 https://hcservices.ecourts.gov.in/hcservices/