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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K. SURENDER, JJ
Arumugapandi S/o.Ganapathy – Appellant
Versus
The District Collector Chennai District – Respondent
| Table of Content |
|---|
| 1. background regarding the petitioner and the alleged encroachment. (Para 1 , 2 , 3) |
| 2. petitioner's claim and the obligations under the act. (Para 4) |
| 3. legal processes to be followed by an aggrieved party. (Para 5) |
| 4. court's final ruling on the petition. (Para 6) |
O R D E R
[Made by S.M.SUBRAMANIAM, J., The writ of mandamus has been instituted to forbear the respondents from proceeding under the Land Encroachment Act, 1905, against the property of the petitioner situated at No.18E, Thiruvalluvar Nagar, M.G.R.Salai, Perungudi, Chennai-600 096, contrary to the order of this Court dated 24.11.2008 made in W.P.Nos.27627 and 32246 of 2007.
2. Mr.S.Shanmugasundaram, learned counsel for the petitioner, would mainly contend that a Hon’ble Division Bench of this Court passed an order on 24.11.2008 in W.P.Nos.27627 and 32246 of 2007, wherein there is an observation based on the submission made by the then learned Special Government Pleader in paragraph No.4 of the order. On the strength of the said order, the petitioner is in occupation and therefore, the respondents have no authority to invoke provisions of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 190
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