P.Gopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1875 of 2021 & W.M.P.No. 2120 of 2021 P.Gopal

...Petitioner

Vs.

1.The District Collector Perambalur District, Perambalur, 2.The Tahsildar Kunnam Taluk, Perambalur District.

3.The Block Developement Officer Veppur Union, Perambalur District.

4.The Panchayat President Ogalur, Kunnam Taluk, Perambalur District.

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5.K.mahalingam 6.Chinnadurai 7.R.Jayaraj 8.Sivaram 9.Ramesh

...Respondents

(R5 to R9 impleaded by order dated 11.11.2024 in WMP/8447/2021 in WP/1875/2021) Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, forbearing the respondents from allotting the petitioners property comprising in S.No.21 measuring 2 cents situated at Kalanvasal Village, Ogalur Panchayat, Kunnam Taluk, Perambalur District, to any other purpose based on the petitioner's representation dated 21.01.2021.

For Petitioner :

Mr. M.Rajendiran For Respondents :

Mr. A.Selvendran 1 to 4 Special Government Pleader For Respondents :

Mr. G.Ilayaraja 5 to 9 2/6

O R D E R

In the earlier Writ Petition it has been clearly held by the learned Judge that the representation of the petitioner seeking patta had been rejected by the 2nd respondent, namely, Tahshildar by proceedings dated 05.11.2020 and the petitioner was directed to work out his remedy in the manner known to law. The learned Judge also protected the possession of the petitioner's property by passing the following order:

"Insofar as the attempt made by certain persons to take possession of the property, the first and second respondents are directed to ensure that nobody takes illegal possession of the property and if any law and order problem is created, the Inspector of Police of Mangalamedu Police Station is directed to take action against the concerned persons and ensure that peace is maintained."

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2. It is now stated that even the subsequent appeal filed has also been rejected though the same has not been mentioned in the Writ Petition.

3. Be that as it may, the petitioner seeks mandamus forbearing the respondents from allotting the property. Such a relief cannot be granted in the light of the fact that the relief had been rejected in the writ petition and confirmed in an appeal. Therefore, the Writ Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.

11.11.2024 Index : Yes/No Internet : Yes/No kan To 4/6

1.The District Collector Perambalur District, Perambalur, 2.The Tahsildar Kunnam Taluk, Perambalur District.

3.The Block Developement Officer Veppur Union, Perambalur District.

4.The Panchayat President Ogalur, Kunnam Taluk, Perambalur District.

P.T. ASHA, J, 5/6

kan W.P.No. 1875 of 2021 11.11.2024 6/6