Eviction without due process violates the right to peaceful possession.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 3868 OF 2023 Cordellia Fernando W/o J.V.B. Fernando No. 1, VGP santhanammal Nagar Velachery Main Road, Gowrivakkam, Chennai 73 Petitioner(s)

Vs

1. The District Collector O/o. Chengalpattu District Collector Chengalpattu

2.The Tahsildar Tambaram Taluk Tambaram

3.The Village Administrative officer Madambakkam village, Madambakkam Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, Forbearing the respondents from interfering with the peaceful possession and enjoyment of the property bearing Plot No. 11 and 12 comprised in survey No. 709 / 2 situated at Madambakkam village Rajammal Avenue Tambaram Taluk Chengalpattu District measuring each to an extent of 2400 square feet.

For Petitioner(s): Mr.S. Joel For Respondent(s): Mr.C.Gowthamaraj, GA

ORDER

This writ petition was filed to restrain the respondents from interfering with the peaceful possession and enjoyment of the property bearing Plot No. 11 and 12 comprised in survey No. 709 / 2 situated at Madambakkam village Rajammal Avenue Tambaram Taluk Chengalpattu District measuring each to an extent of 2400 square feet.

2. The learned counsel for the petitioner would submit that in this case, the petitioner is in enjoyment and possession of the subject property, to the extent of 2400 sq.ft., in Survey No.709/2. Under these circumstances, the respondent is unnecessarily interfering in the peaceful possession of the petitioner without following due process of law.

3. In reply, the learned Special Government Pleader appearing for the respondent had assured before this Court that the respondents will not make any attempt to evict the petitioner from the subject land without following due process of law.

4. Heard the learned counsel for the petitioner as well as the respondent and also perused the entire materials available on record.

5. The submission made by the learned Government Advocate is recorded. The respondents are directed not to evict the petitioner from the subject land without following due process of law.

6. With the above directions, this writ petition is disposed of. No cost.

Consequently, the connected miscellaneous petition is also closed.