T.Marimuthu, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.8309 of 2018

1. T. Marimuthu

2. Sennakrishnan

3. A. Murugan

...Petitioners

-Vs1. The District Collector, Dharmapuri District.

2. The Tasildhar, Pappireddypatti Taluk, Dharmapuri District.

3. The Executive Officer, Kadathur Town Panchayat, Dharmapuri District.

4. S.Ashokan

5. A.Annamalai

6. P.Mani

7. S.Lakshmi

8. J.Shanthi

9. P.Pasuvan

10. G.Chenrayan

11. J.Dhandapani

12. S.Umarani

13. S.Dhanalakshmi

14. K.Adhimoolam

15. R.Munirathinam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forebear the respondents from permitting any development comprised in S.No.84/1, Kadathur Village, Dharmapuri District as "Gramanatham".

For Petitioner : Mr.V.Srimathi For Respondents For R1 & R2 : Mr.V.Manoharan Additional Government Pleader For R3 : Mr.C.Selvaraj For R4 to R15 : No appearance

ORDER

This writ petition has been filed for forbearing the respondents from permitting any development comprised in S.No.84/1, Kadathur Village, Dharmapuri District for commercial purpose. 2.

The petitioners are the resident of Kadathur Village and their grievance is that the subject land comprised in S.No.84/1, Kadathur Village, Dharmapuri District is classified as Gramanatham. Further the respondents 4 to 13 were granted patta and subsequently, all the pattas

were cancelled by the Revenue officials. Therefore, the subject land cannot be used for other purposes. Hence the petitioners filed the present writ petition with the above prayer.

3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.

Admittedly, the subject land is classified as Gramanatham and originally the respondents 4 to 15 were granted patta and subsequently the same was cancelled. However, the cancellation of patta was challenged in a batch of writ petition in W.P.Nos.382 to 394 of 2001 and this Court by an order dated 30.01.2003 quashed the proceedings of cancellation of patta and further observed that if the property in question is required for public purpose, it can be acquired in accordance with law. The said order was confirmed up to the Hon'ble Supreme Court of India. Therefore, the respondents 4 to 15 were granted patta and building permission for construction of their respective houses. 5.

In view of the above discussions, the prayer sought for in this writ petition cannot be granted and the writ petition is devoid of

merits and liable to be dismissed. Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

19.09.2024 (1⁄2) Index : Yes/No Speaking/Non Speaking order rts

To

1. The District Collector, Dharmapuri District.

2. The Tasildhar, Pappireddypatti Taluk, Dharmapuri District.

3. The Executive Officer, Kadathur Town Panchayat, Dharmapuri District.

G.K.ILANTHIRAIYAN. J, rts W.M.P.No.8309 of 2018 19.09.2024 (1⁄2)