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2010 DIGILAW 4522 (MAD)

P. Kanthavelu v. The District Collector, Kancheepuram District

2010-10-06

K.B.K.VASUKI

body2010
Judgment :- 1. The learned Additional Government Pleader takes notice on behalf of the respondents 1 to 4. On consent, the writ petition is taken up for final hearing at the admission stage. 2. The limited relief sought for herein is for forbearing the respondents from interfering the petitioners possession and enjoyment of the property in question except under due process of law. 3. According to the learned counsel for the petitioner, the petitioner has been on the strength of the settlement deed dated 19.09.2006 executed by one Indiraniammal in his favour, in possession and enjoyment of the property by obtaining patta, chitta and adangal from the appropriate authority, the copy of which are enclosed in the typed set of papers and such possession and enjoyment of the property is sought to be interfered with particularly by the respondents 2 to 4 by using their official influence. In my considered view the documents above referred to, do support the petitioners theory of possession and enjoyment of the property in question. The limited relief sought for herein is not to dispossess the petitioner forcibly from the land in question except under due process of law. 4. Considering the nature of the relief, this court is inclined to restrain the respondents from interfering with the petitioners possession and enjoyment of the property more fully described in the writ petition except in accordance with the procedure laid down under law. 5. The writ petition is accordingly ordered. No costs. Consequently, connected miscellaneous petition is closed.