Madras High CourtWP/7013/2012dismissed for nonprosecution

Nagamma, v. The District Collector,

2019-09-19Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7013 of 2012 Nagamma Wife Kulla Muniappa ..

Petitioner -vs1. The District Collector Krishnagiri District Krishnagiri

2. The Special Tahsildar Adi Dravidar Welfare Krishnagiri ..

Respondents Petition under Article 226 of the Constitution of India, praying to issue a Writ of Prohibition, prohibiting the respondents herein from taking possession of the land measuring 1.00 acre out of 5.41 acres viz., 2.19.0 hectares in Survey No.24/2 Kodigathiammanapalli village, Kalingavaram Post, Hosur Taluk, Krishnagiri District except by due process of law. For Petitioner ::

No appearance For Respondents ::

Mr.M.Elumalai Government Advocate

ORDER

This Court has already passed an order on 14.11.2018 observing as follows:- "There is no representation for the petitioner.

2. The writ petition follows by an earlier writ petition in W.P.No.4548 of 1997, which challenged notification published under Section 4(1) of the Land Acquisition Act and that writ petition was dismissed on 03.12.2008. This Court had observed that "It is a pity that the welfare scheme for Dalits are frustrated due to the filing of cases."

3. After six years of the disposal of the https://hcservices.ecourts.gov.in/hcservices/

said writ petition, the present writ petition came to be filed seeking a writ prohibiting the respondents from taking possession of the very same land, which is the subject matter of acquisition. This writ petition was dismissed for not taking steps on 04.10.2012. It is stated that it was subsequently restored.

4. The Registry is directed to put up a note whether any order of interim injunction in force.

5. Call the matter again on 20.11.2018."

2. In spite of the subsequent restoration, no one has appeared for the petitioner when the matter was called. Hence, the writ petition is dismissed for non prosecution. Consequently, M.P.No.1 of 2012 and W.M.P.No.8739 of 2016 are also dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To

1. The District Collector Krishnagiri District Krishnagiri

2. The Special Tahsildar Adi Dravidar Welfare Krishnagiri

3. The Section Officer Writ Section, High Court of Madras-104.

+1cc to the Government Pleader SR.81529 W.P.No.7013 of 2012 SPD(CO) CB(06/11/2019) https://hcservices.ecourts.gov.in/hcservices/