P.Sridharan, v. The Commissioner Of Survey

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NOS.32072 AND 32073 OF 2013 AND M.P.NOS.1, 1 AND 2 OF 2015 P.Sridharan ... Petitioner in W.P.No.32072 of 2013 R.Rajaram ... Petitioner in W.P.No.32073 of 2013 .Vs.

1. The Commissioner of Survey and Settlement, Chepauk, Chennai - 5.

2. The Assistant Settlement Officer (North), Chepauk, Chennai - 5.

3. The District Collector, Trichy.

4. The Tahsildar, Thiruverumbur Taluk, Trichy District.

... Respondents in both W.Ps.

Prayer in W.P.No.32072 of 2013:- Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records relating to proceedings issued by the first respondent in H1/9731/2012 dated 30.08.2013 and quash the same as illegal ultra vires and consequently direct the fourth respondent to effect the mutations in the village accounts pertaining to an extent of acres 36.38 cents lands comprised in S.Nos.122, 123, 124 and 126 with its sub divisions as per the computer patta No.955 issued by the fourth respondent and also to issue Ryotwari Patta to an extent of acres 13.62 cents comprised in S.Nos.127, 128 and 130 as per the order of the Inam Abolition Tribunal passed C.M.A.No.3/2009 dated 29.01.2011.

Prayer in W.P.No.32073 of 2013:- Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records relating to proceedings issued by the first respondent in H1/4392/2013 dated 30.08.2013 and quash the same as illegal ultra vires and consequently direct the fourth respondent to effect the mutations in the village accounts pertaining to S.No.121, within its sub divisions as per the computer patta No.956 of Kambakudi Velayuthangudi Village issued in the name of the petitioner and also to issue Ryotwari patta in respect of S.Nos.121 and 134 part as per the judgement and decree passed by the Inam Abolition Tribunal in C.M.A.No.1 of 2008 dated 29.01.2011.

For Petitioners : Mr.R.Singaravelan in both W.Ps Senior Counsel For Mr.V.K.Vijayaragavan For Respondents : Mr.M.R.Gokul Krishnan in both W.Ps Government Advocate C O M M O N O R D E R These Writ Petitions have been filed seeking to quash the proceedings issued by the first respondent in H1/9731/2012 and H1/4392/2013 dated 30.08.2013 and consequently direct the fourth respondent to effect the mutations in the village accounts.

2. The learned Senior Counsel appearing for the petitioners submitted that these Writ Petitions itself have become infructuous.

3. Recording the submission made by the learned Senior Counsel for the petitioners, these Writ Petitions are dismissed as infructuous. However, the petitioners are at liberty to file a fresh writ petition on fresh cause of action. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kv

To 1.

The Commissioner of Survey and Settlement, Chepauk, Chennai - 5.

2.

The Assistant Settlement Officer (North), Chepauk, Chennai - 5.

3.

The District Collector, Trichy.

4.

The Tahsildar, Thiruverumbur Taluk, Trichy District.

+2ccs to Mr.R.Murali, Advocate, S.R.Nos.50033 & 50034 +1cc to the Government Pleader, S.R.No.50473 W.P.NOS.32072 AND 32073 OF 2013 PVS(CO) PBS/02/11/2021