Madras High Court
A.S.Srinivasan vs The Tahsildar on 30 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.14735 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.14735 of 2021
A.S.Srinivasan ... Petitioner
Vs.
1.The Tahsildar,
Taluk Office,
Thiruvidaimarudhur Taluk, Thanjavur District.
2.The Village Administrative Officer,
Pandhanalur Village,
Thiruvidaimarudhur Thaluk,
Thanjavur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents to
execute all warrants in E.P.No.37/2019 issued by the District Munsif cum
Judicial magistrate Court, Thiruvidaimarudhur, in executing the judgment
in O.S.No.335/2015 and re-deliver the possession of the property located
at No.10, Sivan Keezha Veedhi Pandhanallur Village at Survey Old No.
199/7 New No.199/25 to the petitioner within the time frame to be fixed
by this Court
For Petitioner : Mr.Sai Sathyajith
For R-1 & R-2 : Mr.R.Ragavendran,
Government Advocate
1/6
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W.P.(MD)No.14735 of 2021
ORDER
This Writ Petition has been filed for issuance of writ of
mandamus directing the respondents to execute the warrants that have been
issued by the District Munsif cum Judicial Magistrate, Thiruvidaimarudhur
in E.P.No.37 of 2019 and to deliver the possession of the property to the
petitioner as directed by the Execution Court.
2. The grievance of the petitioner is that in spite of succeeding
in the Civil Court and in spite of several orders passed by the Execution
Court and warrants being issued to the respondents for assisting in
effecting delivery and handing over the possession, the same did not evoke
any response and left with no other option, the present Writ Petition has
been filed before this Court.
3. When the matter was taken up for hearing today, the
learned counsel appearing for the petitioner submitted that the total extent
of the property is about 7500 Square Feet and that the front portion of the
property which is the access to the property is about 500 Square Feet. In
the front portion, the encroachers are swuatting upon this portion and are
https://www.mhc.tn.gov.in/judis
preventing the access to the property. The learned counsel further
submitted that the Execution Court has already passed an order on
20.06.2023 in E.A.No.3 of 2022 and has directed the eviction of the
encroachers and for handing over the property to the petitioner.
4. In the considered view of this Court, the petitioner has been
struggling to get possession of the property and the proceedings before the
Civil Court has been going on from the year 2015 onwards. The execution
proceedings have been going on from the year 2018 onwards. Till date,
the petitioner is not able to enjoy the fruits of the decree. This Court has to
necessarily ensure that the orders passed by the competent Court is
implemented in letter and spirit and there is no use in those orders
remaining in the paper. Only by proper implementation, there will be
some purpose in the Courts passing orders, failing which, it will give an
impression that the orders can be made a damp squib by encroaching upon
the property again and again. This Court will not permit such a situation to
prevail and in the facts and circumstance of this case, this Court is inclined
to exercise its jurisdiction under Article 226 of the Constitution of India.
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5. In the light of the above discussion, there shall be a
direction to the respondents to ensure that the warrant that was issued by
the Execution Court in E.A.No.3 of 2022, dated 20.06.2023 is executed
and the encroachment in the front portion of the property to an extent of
500 Square Feet is removed. If required, Police protection can also be
sought for and the possession of the entire property shall be handed over to
the petitioner.
6. This Writ Petition is disposed of with the above directions.
No costs.
7. Post this Writ Petition under the caption “For Reporting
Compliance”on 11.01.2024.
30.11.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
https://www.mhc.tn.gov.in/judis
To
1.The Tahsildar,
Taluk Office,
Thiruvidaimarudhur Taluk,
Thanjavur District.
2.The Village Administrative Officer,
Pandhanalur Village,
Thiruvidaimarudhur Thaluk,
Thanjavur District.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J
tsg
30.11.2023
https://www.mhc.tn.gov.in/judis
