T.Muthayee v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. No.22372 of 2015 and M.P.No.1 of 2015 T.Muthayee ... Petitioner Vs.

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Namakkal Division, Namakkal District 637 001.

4. The District Adhi Dravidar Welfare Officer, ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to dispose the petitioner's representation dated 20.07.2015 and consequently direct the respondents 1 to 4 not to pass any eviction order and acquisition proceedings in respect of the agricultural land in survey No.432, Sub Division No.1A2, 1B, 1C1 agricultural land in Thirumalaipatti Village, Namakkal.

For Petitioner :

No appearance For Respondents :

Mr. Stalin Abhimanyu, Govt. Counsel

O R D E R

Apprehending that the petitioner's entire patta lands in S.No.432, sub division nos.1A2, 1B, 1C1 in Thirumalaipatti

Village, Namakkal District, would be acquired by the respondents, the present writ petition came to be filed, seeking appropriate direction to the respondents 1 to 4 not to pass any eviction order and acquisition proceedings in respect of those lands.

2.There is no representation for the petitioner either in person or through the learned counsel. On the other hand, the learned Government counsel appearing for the respondents submitted that the revenue officials inspected the petitioner's lands to ascertain the possibility of forming pathway from Arunthathiyar colony to burial ground, however, no acquisition proceedings was initiated. Further, he drew the attention of this court to the averments made in the counter affidavit filed by the first respondent, wherein, it is categorically stated that no notice was issued under section 4(1) of the Land Acquisition Act and there was no proposal to acquire the petitioner's lands in S.No.432/1A2, 1B, 1C1, till now. 3.Recording the submissions so made on the side of the respondents, this writ petition stands dismissed, as there is no cause of action for filing the same. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mst To

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Namakkal Division, Namakkal District 637 001.

4. The District Adhi Dravidar Welfare Officer, +1cc to the Government Pleader, S.R.No.44596 W.P.No.22372 of 2015 and M.P.No.1 of 2015 PVS(CO) SU(05/10/2021)