1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD).Nos.1587 and 1588 of 2011 and M.P.Nos.1 and 1 of 2011 L.Sasikala : Petitioner in W.P.(MD).No.1587 of 2011 A.Rajalingam : Petitioner in W.P.(MD).No.1588 of 2011 Vs. 1.The District Collector, Theni District, Theni. 2.The Revenue Divisional Officer, Theni. 3.The Tahsildar, Uthamapalayam Taluk, Theni District. : Respondents in Both Writ Petitions. PRAYER: Writ Petitions the filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents and their men from in any way dispossessing the petitioners from the land comprised in Survey No.585/8, without resorting to the provisions of the Tamil Nadu Land Encroachment Act, 1905. For Petitioners : Mr.M.Ajmal Khan For Respondents : Mr.R.Janakiramalu Special Government Pleader COMMON ORDER ************ [Common Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] Mr.R.Janakiramalu, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petitions are taken up for final disposal at the stage of admission itself. 2. The prayer in the Writ Petitions is for issuing a Writ of Mandamus forbearing the respondents and their men from in any way dispossessing the petitioners from the land comprised in Survey No.585/8, Kutchanur Village, Uthamapalayam Taluk, to an extent of 1.05 acre and 0.55 cents, without resorting to the provisions of the Tamil Nadu Land Encroachment Act, 1905. https://hcservices.ecourts.gov.in/hcservices/ 2 3. It is the case of the petitioners that they are in possession and enjoyment of the respective properties bearing Survey No.585/8 in the said Village and Taluk to an extent of 1.05 Acre and 0.55 cents respectively for over 75 years and 'B' memo was also issued in the name of the petitioner's husband in W.P.(MD).No.1587 of 2011. In the representation dated 06.02.2011 submitted by the petitioner in W.P.(MD). No.1588 of 2011, it is stated that he is also paying necessary kist. 4. In the light of the said averment made in the affidavit as well as in the representation dated 06.02.2011 and in view of the 'B' memo filed by the petitioner in W.P.(MD).No.1587 of 2011, the respondents are directed to follow the procedure contemplated under the Tamil Nadu Land Encroachment Act, 1905, if they want to evict the petitioners from their respective lands, which are the subject matter in these Writ Petitions. 5. The Writ Petitions are disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed. NB Sd/- Deputy Registrar[LA] /True copy/ To Assistant Registrar 1.The District Collector, Theni District, Theni. 2.The Revenue Divisional Officer, Theni. 3.The Tahsildar, Uthamapalayam Taluk, Theni District. +2cc to Mr.M.Ajmal Khan, Advocate SR.No.5337 & 5338. COMMON ORDER MADE IN W.P.(MD).Nos.1587 and 1588 of 2011 Dated:10.02.2011 2P/6C RPB 11.02.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/