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2025 Supreme(Online)(Mad) 33492
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, B.PUGALENDHI, JJ
M.Arumugam – Appellant
Versus
The District Collector / Mon – Respondent
W.P(MD)No.6036 of 2025 | W.M.P(MD)No.4432 of 2025
Advocates:
For the Appellants/Petitioners: Mr.N.Ananda Kumar
For the Respondents: Mr.K.Balasubramani
For the Appellants/Petitioners: Mr.N.Ananda Kumar
For the Respondents: Mr.K.Balasubramani
A petitioner cannot be evicted from land designated as a water body without due process as mandated by the Land Encroachment Act.
Headnote:This writ petition filed under Article 226 of the Constitution of India seeks a Writ of Mandamus to prevent the eviction of the petitioner from land situated in Survey No.195 of Mathur Village, which is a water body, without due process of law. The learned Special Government Pleader assured that dispossession would not occur without a final order under Section 6 of the Land Encroachment Act, 1905. The court disposed of the writ petition, recording the undertaking.
| Table of Content |
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| 1. plaintiff's grievance regarding eviction without due process. (Para 1 , 2) |
| 2. assurance given by the respondent's counsel about eviction process. (Para 3) |
ORDER
Heard both sides.
2.The petitioner's grievance is that without following due process of law, the petitioner is sought to be dispossessed. It is not in dispute that Survey No.195 of Mathur Village is a water body.
3.The learned Special Government Pleader undertakes before us without passing final order under Section 6 of the Land Encroachment Act, 1905 dispossession will not be resorted to.
4.Recording the said submission, this Writ Petition is disposed of.
There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
