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Madras High CourtWP/1157/2024dismissed

N.Perumal v. The District Collector

2024-01-19Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.1157 of 2024 and W.M.P. No.1214 of 2024 N.Perumal ... Petitioner Vs.

1. The District Collector Salem District Salem

2. The Assistant Director of Village Panchayat Salem District Salem - 636001

3. The District Revenue Officer Salem District Salem - 636001

4. The Revenue Divisional Officer Attur, Salem District

5. The Tahsildar Thalaivasal Taluk, Salem District

6. The Block Development Officer/Commissioner Thalaivasal Panchayat Union, Salem District ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to consider the 1/5

representation of the petitioner's dated 29.12.2023 and not to allot the Government poramboke land comprising in S.No.67/1B measuring acre 0.04 1/2 Ares situated at Puliyankurichi Village, Thalaivasal Taluk, Salem District to any private individuals and consequently allot this land to form Water Tank for the village public in view of the panchayat resolution No.203 dated 11.12.2023.

For Petitioner : Mr.S.Vinodha For Respondents : Mrs.V.Yamunadevi Special Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus to direct the respondents to consider the representation of the petitioner's dated 29.12.2023 and not to allot the Government poramboke land comprising in S.No.67/1B measuring acre 0.04 1/2 Ares situated at Puliyankurichi Village, Thalaivasal Taluk, Salem District to any private individuals and consequently allot this land to form Water Tank for the village public in view of the panchayat resolution No.203 dated 11.12.2023.

2. The contention of the petitioner is that the respondents are taking steps to allot the subject land to private individual without following any procedures. The petitioner made a representation dated 29.12.2023 to the 2/5

District Collector/the 1st respondent herein not to allot the said land to any individual and to allot the same to form a Water Tank for the use of village public. However, the same has not been considered. Hence, the present writ petition is filed.

3. Mrs.V.Yamunadevi, learned Special Government Pleader takes notice for the respondents.

4. Though the petitioner states that the respondents are taking steps to allot the subject land which is a Government Poramboke Land to private individual, he has not produced any proof for the same. Therefore, there is no cause of action.

5. Therefore, this Writ Petition is dismissed at the admission stage itself. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to cost.

19.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Salem District Salem

2. The Assistant Director of Village Panchayat Salem District Salem - 636001

3. The District Revenue Officer Salem District Salem - 636001

4. The Revenue Divisional Officer Attur, Salem District

5. The Tahsildar Thalaivasal Taluk, Salem District

6. The Block Development Officer/Commissioner Thalaivasal Panchayat Union, Salem District 4/5

P.VELMURUGAN. J.

Ksa-2 19.01.2024 5/5