IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-01-2010 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.1175 of 2006 & W.P.M.P.No.1301 of 2006 1.G.Vadivammal 2.G.Venkatesan 3.G.Narayanan 4.G.Boobalan .. Petitioners. Versus 1.The District Collector Vellore 2.The Revenue Divisional Officer, Ranipet 3.The Tahsildar Arcot, Vellore District. .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents not to demolish the compound wall or to interfere with the petitioners possession and enjoyment of the property at S.No.179,2nd Mettu Street, Ramapalayam, Thimmiri, Arcot Taluk, Vellore District without taking a recourse to due processes of law. For Petitioners : M/s.P.ArumugaRajan For Respondents : Mr.D.Srinivasan Additional Public Prosecutor O R D E R
This petition has been filed praying for a Writ of Mandamus to direct the respondents not to demolish the compound wall or to interfere with the possession and enjoyment of the property at S.No.179,2nd Mettu Street, Ramapalayam, Thimmiri, Arcot Taluk, Vellore District, without taking recourse to the due processes of law.
2. The petitioners have stated that they had purchased the property in question, under three registered sale deeds, dated 11.11.1969, 05.08.1983 and 20.11.2000. Since the date of purchase, the petitioners have been in peaceful possession and enjoyment of the property in question. However, on 17.12.2005, the officers of the third respondent office had come to the petitioners’ premises to demolish the compound wall stating that it was an encroachment on a public land. No prior notice had been issued to the petitioners, under the provisions of Tamil Nadu Land Encroachment Act. In such circumstances, the petitioners have come before this Court with the present Writ Petition, under Article 226 of the Constitution of India.
3. A counter affidavit has been filed on behalf of the 3rd respondent stating that the petitioners have erected a compound wall on the street, which is highly objectionable and it is a hindrance to the public. Therefore, the compound wall is liable to be demolished.
4.In view of the averments made on behalf of the parties concerned, the respondents are directed to take appropriate action to demolish the compound wall, which is said to have been erected by the petitioners, if it is found to be an unauthorized and illegal encroachment, by following the relevant procedures established by law.
With the above observation, this Writ Petition stands disposed of. No costs. Consequently connected Miscellaneous Petitions are closed.
arr
To
1.The District Collector
Vellore
2.The Revenue Divisional Officer,
Ranipet