K.Elumalai, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2024 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.5475 of 2018 and W.M.P.No.6761 of 2018 K.Elumalai ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by Secretary, Revenue Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Villupuram District, Villupuram.
3.The Tahsildar, Gingee Taluk, Gingee, Villupuram District.
4.The Village Administrative Officer, Vadavanur Village, Gingee Taluk, Villupuram District.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Declaration to declare the reclassification of the Page No.1 of 6
petitioner's land with an extent of 86 cents in survey No.9/2, in Vadavanur Madura, Thottiyur Village, Gingee Taluk, Villupuram District, from Natham to Government Poramboke is without authority of law and thereby illegal and void, and consequently direct the respondents to restore the original classification of the petitioner's land as Natham as per the re-survey and resettlement register of the year 1926. For Petitioner : M/s.Paul and Paul (Memo filed) For Respondents : M/s.M.Jayanthy, Additional Government Pleader
O R D E R
This writ petition has been filed to declare the reclassification of the petitioner's land with an extent of 86 cents in survey No.9/2, in Vadavanur Madura, Thottiyur Village, Gingee Taluk, Villupuram District, from Natham to Government Poramboke is without authority of law and thereby illegal and void, and consequently direct the respondents to restore the original classification of the petitioner's land as Natham as per the re-survey and resettlement register of the year 1926. Page No.2 of 6
2. Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that he has no instruction from the petitioner and he has also filed a memo dated 25.07.2024 to that effect. For better appreciation, the relevant portion of the order is extracted hereunder: "1.Since, we were informed by the petitioner's son Mr.Mohan Raj that the petitioner has passed away, we sought time before this Hon'ble Court on 02.07.2024 to substitute the legal heirs and consequently, this Hon'ble Court was pleased to adjourned the matter to 16.07.2024 for the purpose of filing the required applications. Thereafter, when we contacted Mr.Mohan Raj several times, he had not provided any of the detaisl nor have furnished the death certificte fo Mr.K.Elumalai and the legal heir certificate issued by the competent authority. Again on 16.07.2024, at our request this Hon'ble Court was pleased to adjourned the matter to 25.07.2024 for getting instructions.
2. Subsequently, we again sent a letter dated 16.07.2024 to Mr.Mohan Raj requesting to come to our office along other legal heirs at the earlies before the next date of hearing, with the death certificate of Mr.K.Elumalai, the legal heir certificate Page No.3 of 6
issued by the competent authority and other related documents in connection to the present case. Despite the same, there was no response from Mr.Mohan Raj.
3. We therefore report before this Hon'ble Court that there is no instruction for us connection to the present case from the petitioner's side."
3. Recording the aforesaid memo dated 25.07.2024 filed by the learned counsel for the petitioner, this Writ Petition is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is closed. 25.07.2024 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Secretary, Revenue Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Villupuram District, Villupuram.
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3.The Tahsildar, Gingee Taluk, Gingee, Villupuram District.
4.The Village Administrative Officer, Vadavanur Village, Gingee Taluk, Villupuram District.
J.SATHYA NARAYANA PRASAD,J.
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