Ariyanaachi vs The Revenue Divisional Officer
2021 Latest Caselaw 2962 Mad

                                                                             W.A.(MD)No.270 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 08.02.2021
                                                      CORAM:
                              THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                                       AND
                               THE HONOURABLE MRS. JUSTICE S.ANANTHI

                                             W.A.(MD)No.270 of 2021
                                           and CMP(MD) No.883 of 2021


                      Ariyanaachi                                             :Appellant
                                                           Vs.
                      1.The Revenue Divisional Officer,
                        O/o. Revenue Divisional Officer
                        Tirumangalam
                        Madurai District.

                      2.The Tahsildar
                        O/o. the Tahsildar Madurai West,
                        Madurai District.                                     : Respondents

                      PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
                      order of this Court in W.P.(MD) No.15582 of 2020 dated 06.11.2020.

                                    For Appellants           :Mr.T.Lajapathi Roy
                                    For Respondents          : Mr.K.P.Krishnadoss
                                                             Special Government pleader




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                                                                              W.A.(MD)No.270 of 2021




                                                     JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

The appellant, who is admittedly paying B Memo charges, filed

writ petition seeking a writ of Mandamus directing the respondents not to

dispossess her without following the due process of law. The learned

single Judge, upon finding that the petitioner is paying B-Memo charges

and thus, having no legal right, is liable to be removed, issued a

direction to the respondents to remove her, if she does not vacate within

the time granted.

2.The learned counsel for the appellant submitted that law requires

a procedure to be followed. In such view of the matter, the order of the

learned Judge requires interference.

3. The learned Special Government Pleader submitted that the

appellant merely paying B-Memo charges does not have vested right.

The land has been earmarked for distribution among landless poor.

http://www.judis.nic.in W.A.(MD)No.270 of 2021

4. Law requires procedure to be followed, even assuming the

appellant does not have legal or vested right to continue in eternity. An

eviction order therefore to be passed, after following due procedure. In

such view of the matter, we are inclined to set aside the order of the

learned single Judge giving liberty to the respondents to follow the

procedure before undertaking the eviction. Till the completion, the

appellant shall not be removed.

5. The writ appeal stands disposed of accordingly. No costs.

Consequently connected Miscellaneous Petition is closed.

                                                                 [M.M.S., J.] & [S.A.I, J.]
                                                                        08.02.2021
                      Index      : Yes/No
                      Internet   : Yes
                      RR

1.The Revenue Divisional Officer, O/o. Revenue Divisional Officer Tirumangalam, Madurai District.

2.The Tahsildar O/o. the Tahsildar Madurai West, Madurai District.

http://www.judis.nic.in W.A.(MD)No.270 of 2021

M.M.SUNDRESH, J AND S.ANANTHI, J

RR

Order made in W.A.(MD)No.270 of 2021

08.02.2021

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