Madras High Court
Ellammal vs The District Collector Of ... on 13 September, 2023
W.A.No.927 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.927 of 2023
Ellammal .. Appellant
Vs
1.The District Collector of Villupuram,
Collectorate, Villupuram.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Villupuram, Villupuram District.
3.The Revenue Tahsildar,
Taluk Office,
Vanur Taluk,
Villupuram District.
4.The Block Development Officer,
Kazhuperumbakkam Panchayat Board,
Vanur Taluk,
Villupuram District.
5.The President,
Kazhuperumbakkam Panchayat Union,
Vanur Taluk, Villupuram District. ..
Respondents
____________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.927 of 2023
Prayer: Appeal under Clause 15 of the Letters Patent against the
order passed by the learned Single Judge in W.P.No.9882 of 2023
dated 30.03.2023.
For the Appellant : Mr.T.Dhanasekaran
For the Respondents : Mrs.R.Anitha
Spl. Government Pleader
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.T.Dhanasekaran, learned counsel for the
appellant and Mrs.R.Anitha, learned Special Government Pleader for
the respondents.
2. The appellant has filed the writ petition before the learned
Single Judge seeking direction against the fourth respondent not to
construct any building on the writ site. The writ petition is
dismissed by the learned Single Judge. Aggrieved thereby, the
present appeal has been filed.
3. Learned counsel for the appellant submits that the appellant
____________
https://www.mhc.tn.gov.in/judis
W.A.No.927 of 2023
is occupying the subject-property. A settlement deed had been
executed in favour of the appellant. The land is natham land meant
for residential purpose and it is not a Government land and even the
respondents have admitted the same.
4. According to learned Special Government Pleader, the land
in question is a Government poramboke vacant land. Learned
Special Government Pleader submits that a portion of the
encroachment made by the appellant was vacated by herself
voluntarily and the construction is made only on the said portion.
5. We would not be deciding the nature of the land. Moreover,
the respondents even in their counter-affidavit have admitted that
the appellant is in possession of 00089 sq. m. area in Survey
No.208/24 and 00056 sq. m. in Survey No.208/16 of
Chinnakozhuvari Madura Kazhuperumpakkam, Vanur Taluk.
6. In case the respondent authorities want to evict the
appellant, then they will have to follow the procedure under the
____________
https://www.mhc.tn.gov.in/judis
W.A.No.927 of 2023
Tamil Nadu Land Encroachment Act, 1905 by issuing appropriate
notice. The appellant will have an opportunity to file a reply to the
notice, which reply would be considered by the respondent
authorities before passing further orders.
7. With these observations, the writ petition stands disposed
of. There will be no order as to costs. Consequently, C.M.P.No.9259
of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
13.09.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
____________
https://www.mhc.tn.gov.in/judis
W.A.No.927 of 2023
To
1.The District Collector,
Collectorate, Villupuram.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Villupuram, Villupuram District.
3.The Revenue Tahsildar,
Taluk Office,
Vanur Taluk,
Villupuram District.
4.The Block Development Officer,
Kazhuperumbakkam Panchayat Board,
Vanur Taluk,
Villupuram District.
5.The President,
Kazhuperumbakkam Panchayat Union,
Vanur Taluk, Villupuram District.
____________
https://www.mhc.tn.gov.in/judis
W.A.No.927 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
bbr
W.A.No.927 of 2023
13.09.2023
____________
https://www.mhc.tn.gov.in/judis
