THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.10400 of 2015

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India:

“ …..to issue an appropriate Writ order or direction especially one in the nature of a Writ of Mandamus declaring the action of the respondent Nos.1 and 2 in interfering with the construction activity undertaken by the Writ Petitioner without any authority in law and threatening forcible dispossession from the house plot situated in Sy.No.702/1/A of Tandur village and Mandal i.e. Tandur Gram Panchayath as illegal, without any jurisdiction, arbitrary and vioaltive of Article 14, 19, 21 and article 300-A of Constitution of India and consequently direct the respondents and their agents not to interfere with the possession of the petitioner in the subject house plot without due process of law…..”

2. Heard the learned Counsel for the petitioner as well as the learned Government Pleader for Panchayath Raj and Rural Development, appearing for the respondents.

3. The learned Counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of plot No.702/1/A, admeasuring 187 Sq.Yards, having purchased from its original owner through sale deed No.1352/2014. After having purchased the said plot, the petitioner obtained permission vide letter No.4/14 dated 24.05.2014 from the respondent No.1 started construction. While the petitioner was constructing the house, the respondent No.3, who is the adjacent owner of the writ petitioner, started interfering with the construction work of the petitioner along with the official respondent Nos.1 and 2.

4. The learned Counsel for the petitioner would further submit that on 25.03.2015 the respondent Nos.1 and 2 came to the plot of the petitioner and threatened petitioner if he does not stop the construction work he would be implicated in the criminal case and therefore requested this Court to direct the respondents not to interfere with the possession of the petitioner over the subject plot.

5. At the time of admission of this writ petition, this court granted interim orders on 15.04.2015 directing the respondents 1 and 2 not to interfere with the possession of the petitioner with the construction of the petitioner as long as the petitoner makes the construction as per the approved plan. Even after lapse of more than eight years, the respondents did not chose to file counter.

6. In view of the same, this writ petition is disposed of directing the respondent Nos.1 and 2 not to interfere with the possession of the petitioner over the subject property, without following due process of law.

7. Accordingly, this Writ Petition is disposed of with the above direction. No order as to costs.

8. As sequel to it, Miscellaneous Petitions pending, if any, shall stand closed.

_____________________ JUSTICE K.SARATH Date:04.03.2024 trr