1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)Nos.1403 to 1405, 1269 and 1270 of 2011 and M.P.(MD)Nos.1,1,1,1 & 1 of 2011 W.P.(MD)No.1403 of 2011: Kaveriammal ... Petitioner Vs. 1.District Collector, Collectorate, Pudukkottai. 2.The Tahsildar, Taluk Office, Pudukkottai. 3.The Commissioner, Muncipality, Pudukkottai. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents or his men from evicting the petitioner in T.S.No.6107/37 bearing house in door No.109 of Maharajapuram, Pudukkottai town, without following due process of law. W.P.(MD)No.1404 of 2011: Barakath Nisha ... Petitioner Vs. 1.District Collector, Collectorate, Pudukkottai. 2.The Tahsildar, Taluk Office, Pudukkottai. 3.The Commissioner, Muncipality, Pudukkottai. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents or his men from evicting the petitioner in T.S.No.6107/27 bearing shop in Maharajapuram, Pudukkottai town, without following due process of law. https://hcservices.ecourts.gov.in/hcservices/ 2 W.P.(MD)No.1405 of 2011: P.Suresh ... Petitioner Vs. 1.District Collector, Collectorate, Pudukkottai. 2.The Tahsildar, Taluk Office, Pudukkottai. 3.The Commissioner, Muncipality, Pudukkottai. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents or his men from evicting the petitioner in T.S.No.17/7 bearing footwear shop and house in Maharajapuram, Pudukkottai town, without following due process of law. W.P.(MD)No.1269 of 2011: Murugadass ... Petitioner Vs. 1.District Collector, Collectorate, Pudukkottai. 2.The Tahsildar, Taluk Office, Pudukkottai. 3.The Commissioner, Muncipality, Pudukkottai. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents or his men from evicting the petitioner in T.S.No.7163/6 bearing flour mill of Maharajapuram, Pudukkottai town, without following due process of law. W.P.(MD)No.1270 of 2011: Antony Raj ... Petitioner Vs. 1.District Collector, Collectorate, Pudukkottai. 2.The Tahsildar, Taluk Office, Pudukkottai. 3.The Commissioner, Muncipality, Pudukkottai. ... Respondents https://hcservices.ecourts.gov.in/hcservices/ 3 Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents or his men from evicting the petitioner in T.S.No.7163/6 bearing Photo Studio of Maharajapuram, Pudukkottai town, without following due process of law. For Petitioners : Mr.K.Baalasundharam in WP.1403/11 to 1405/11 in WP.1269 & 1270/11 For Respondents : Mr.R.Janakiramulu Spl.G.P. for R1 and R2 in WP.1403 to 1405/11 in WP.1269 & 1270/11 Mr.N.Ilango for R3 in WP.1269 & 1270/11 Mr.Pala Ramasamy – R3 in WP.1403 to 1405/11 COMMON ORDER (Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) The prayer in these Writ petitions are to issue a Writ of Mandamus, forbearing the respondents or his men from evicting the petitioners in T.S.No.6107/37, T.S.No.6107/27, T.S.No.17/7, T.S.No.7163/6 and T.S.No.7163/6 respectively, in Maharajapuram, Pudukkottai Town, without following due process of law. 2.It is the contention of the petitioners that they are in possession and enjoyment of their respective houses and shops for more than 30 years and they have also assessed for house tax by the Municipality. They are also issued with Family Cards to prove their residential address. They are claiming right under G.O.Ms.No.854 Revenue Department dated 30.12.2006, which regularise the encroachment made and persons, who are in possession for more than 10 years are entitled for issuance of patta. Since the petitioners are in possession in the respective residential houses even if the respondents want to evict the petitioners, due process of law has to be followed in terms of the judgment of the Supreme Court reported in AIR 1997 SC 152 (Abmedabad Municipality Corporation Vs. Nawab Khan Gulab Khan). The Supreme Court in the decision reported in 2010(6) Supreme 321 (Meghmala & others Vs. G.Narasimha Reddy & Others) held that even a trespasser cannot be evicted forcibly. Thus a person in illegal occupation of the land has to be evicted following the procedure prescribed under law. In paragraph 36, it is held as follows: "36.Even the State authorities cannot dispossess a person by an executive order. The authorities cannot become the law unto themselves. It would be in violation of the rule of law. Government can resume possession only in a manner known to or recognised by law and not otherwise. (Vide Bishan Das Vs. State of Punjab, AIR 1961 SC 1570; Express Newspapers Pvt.Ltd. (supra); State of U.P. & Ors. Vs. Maharaja Dharmander Prasad Singh and Ors. AIR 1989 SC 997; and State of West Bengal and Ors. Vs. Vishnunarayan & Associates (P) Ltd. and another (2002) 4 SCC 134." https://hcservices.ecourts.gov.in/hcservices/ 4 3.Hence, the prayer sought for in these Writ petitions not to evict the petitioners without following due process of law has to be granted. The Writ petitions are disposed of granting liberty to the respondents to initiate proceedings in accordance with law, if they want to evict the petitioners. No costs. Consequently, connected M.Ps.are closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The District Collector, Collectorate, Pudukkottai. 2.The Tahsildar, Taluk Office, Pudukkottai. 3.The Commissioner, Muncipality, Pudukkottai. + 1 cc to Mr.K.Baalasundharam, Advocate, SR No.9869 + 1 cc to Mr.N.Ilango, Advocate, SR No.9569 W.P.(MD)Nos.1403 to 1405, 1269 and 1270 of 2011 22.02.2011 nbj RJ/21.3.11 4p/6c https://hcservices.ecourts.gov.in/hcservices/