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2025 DAILYLAW 77483 (MAD)

C.CHANDRASEKAR v. THE DISTRICT COLLECTOR

WP/26260/2025 · 2025-07-22

Mohammed Shaffiq

Transfer Petitionbody2025

Judgment text

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W.P.No.26260 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.07.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.26260 of 2025 and W.M.P.No.29559 of 2025 C.Chandrasekar ... Petitioner Vs. 1.The District Collector, Tiruvallur District, Tiruvallur – 602 001. 2.The Tahsildar, Gummidipoondi Taluk Office, Gummidipoondi – 601 201. Tiruvallur District. 3.The Tamil Nadu Bhoodan Yagne Board, (Boomidhanam Movement) Rep by its Chairman, Ezhilagam Building, 1st Floor, Chepauk, Chennai – 600 005. ... Respondents _________ p. 2 W.P.No.26260 of 2025 PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents not to dispossess the petitioner from the petition property, being an agricultural punjai land, comprised in Survey No.139/2, measuring to an extent of acre 0.78 cents, situated at No.240, Elavur Village, Gummidipoondi Taluk, Tiruvallur District. For Petitioner : Mr.R.Munuswamy For Respondents : Mr.A.Selvendran Special Government Pleader O R D E R This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents not to dispossess the petitioner from the petition property, being an agricultural punjai land, comprised in Survey No.139/2, measuring to an extent of acre 0.78 cents, situated at No.240, Elavur Village, Gummidipoondi Taluk, Tiruvallur District. 2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. _________ p. 3 W.P.No.26260 of 2025 3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in Survey No.139/2, measuring an extent of acre 0.78 cents, situated at No.240, Elavur Village, Gummidipoondi Taluk, Tiruvallur District. It is stated that the petitioner was assigned/allotted as a landless person vide assignment dated 02.07.1974. The consideration was fixed at Rs.51.04 which was also paid by the petitioner. 4. The petitioner would submit that he has been in possession and enjoyment of the subject property and had been engaged in cultivation in the subject property. After assignment petitioner was issued Patta bearing No.340. Petitioner had recently informed that patta presently stands in the name of Bhoodan Yagne Board/3rd respondent herein. It is submitted that there is also a threat for eviction from the subject property. _________ p. 4 W.P.No.26260 of 2025 5. At the outset, the learned Special Government Pleader for the respondents would submit that eviction if any, which is submitted by the learned counsel for the petitioner will be taken only after following the due process of law. 6. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the concerned respondent, to consider the representation dated 02.07.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the respondents to consider the representation on its own merits and in accordance with law. _________ p. 5 W.P.No.26260 of 2025 7. Accordingly, the writ petition stands disposed of. No Costs. Consequently, connected Writ Miscellaneous Petition is closed. 22.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No jas To 1.The District Collector, Tiruvallur District, Tiruvallur – 602 001. 2.The Tahsildar, Gummidipoondi Taluk Office, Gummidipoondi – 601 201. Tiruvallur District. 3.The Tamil Nadu Bhoodan Yagne Board, (Boomidhanam Movement) Rep by its Chairman, Ezhilagam Building, 1st Floor, Chepauk, Chennai – 600 005. _________ p. 6 W.P.No.26260 of 2025 MOHAMMED SHAFFIQ, J. jas W.P.No.26260 of 2025 and W.M.P.No.29559 of 2025 22.07.2025 _________