D.Kaliyaperumal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.10793 of 2010 and M.P.No.1 of 2010 D.Kaliyaperumal ..Petitioner Vs 1.The District Collector, 2.The Tahsildhar, Jayamkondam, 3.The Village Administrative Officer, T.Chozhankurichi, Udayarpalayam Taluk, .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus, forbearing the respondents from issuing patta to any person in respect of the lands comprised in S.No.23/2 measuring an extent of 2 Hectares and 41 Ares situated in T.Chozhankurichi Village, Udayarpalayam Taluk, Ariyalur District.

For Petitioner : Mr.K.Balu For Respondents : Mr.B.Anand Government Advocate

O R D E R

Heard Mr.K.Balu, learned counsel for the petitioner, Mr.B.Anand, learned Government Advocate for the respondents and perused the materials available on record.

2. The petitioner has come forward with this writ petition for issuance of writ of mandamus, forbearing the respondents from issuing patta to any person in respect of the lands comprised in S.No.23/2 measuring an extent of 2 Hectares and 41 Ares situated at T.Chozhankurichi Village, Udayarpalayam Taluk,

3. The petitioner would state that he is one of the villagers in T.Chozhankurichi Village, Udayarpalayam Taluk,

Ariyalur District and the land in question has been classified as 'Mandaiveli Poromboke', which has been used by the villagers for grazing cattle. The petitioner would allege that there was a proposal to classify the land and assigned in favour of the villagers and hence, the petitioner made a representation dated 10.05.2010 to the first respondent. Since it was not considered, the present writ petition.

4. In the counter affidavit filed by the second respondent, wherein, at paragraph No.5, it has been stated as follows : " 5. Regarding averment put forth in para 2 and 3 of the affidavit. It is submitted that the S.F.No.23/2 an extent of 2.41.0 Hec., it is classified as Government Poramboke land and mentioned in remarks column is "Manthaiveli (grazing ground)" in village records. This land is Government Poromboke land remain as grazing ground used by the villagers without any disturbance. There is no action have been taken to transfer this land for some other purpose by others, without any prima facie the petitioner has wrongly presumed and filed a writ. Hence the contention of the petitioner is not true."

5. In the light of the counter referred above, no further adjudication is necessary in this writ petition. Accordingly, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ms To 1.The District Collector, 2.The Tahsildhar, Jayamkondam,

3.The Village Administrative Officer, T.Chozhankurichi, Udayarpalayam Taluk, +1cc to Mr.K.Balu, Advocate sr.61064 W.P.No.10793 of 2010 and M.P.No.1 of 2010 ks(co) nr 18/09/2019