Lisibackiyam v. The District Collector
WMP NO. 9058 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2025
CORAM
THE HONOURABLE MS. JUSTICE P.T. ASHA WMP NO. 9058 of 2025 IN WP NO. 29578 OF 2024 LISIBACKIYAM D/o.Selvanayagam, No.99/76,Silater Nagar, T.P.Sanatorium Post, Via Perundurai, Perundurai Taluk, Erode District Petitioner(s) Vs The District Collector Office Of Collectorate, Erode, Erode District and 5 Others Respondent(s) WP NO. 29578 of 2024 LISIBACKIYAM D/o.Selvanayagam, No.99/76,Silater Nagar, T.P.Sanatorium Post, Via Perundurai, Perundurai Taluk, Erode District Vs THE DISTRICT COLLECTOR OFFICE OF COLLECTORATE, ERODE, ERODE DISTRICT WMP NO. 9058 of 2025 For Petitioner(s):
S.Arokia Mani Raj C.Priyadharshini P.Karthika For Respondent(s):
mr.a.selvendran spl.govt.pleader takes notice for r1 to r3 WP NO. 29578 of 2024 For :
S.Arokia Mani Raj C.Priyadharshini P.Karthika Mr.P.Sathish Addl.Govt.Pleader Takes Notice For Rr1 To R3 For :
ORDER
Today, the matter has been posted finally for filing of the counter. However, there is no representation for the respondents and there is no counter filed into the Court.
2. This petition has been filed to restore the orders passed by this Court in WP.No.29578 of 2024 on 04.11.2024, wherein this Court had permitted the petitioner to withdraw the Writ Petition with liberty to file a fresh Writ Petition.
3. Accordingly, the petitioner has filed a fresh Writ Petition in WP.No.5014 of 2015, seeking the following relief:
"Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 21.11.2024 and to reassign the land survey No.358/1 to an extent of 3.48 acres situates in Karumandichelli Palayam revenue Village, Perundurai Taluk, Erode District to the petitioner as the legal heir of the original assignee and dispose the same within time frame that may be fixed by this Court".
4.However, since the petitioner had not challenged the impugned order which is the subject matter of this Writ Petition the learned Judge had observed as follows: "The finding of the 1st respondent in the proceedings dated 22.08.2024 makes it abundantly clear that the assignment has been cancelled due to violation of
conditions and there is no questions of reassigning the lands to the legal heirs. If this finding is not questioned, there is no scope for submitting a fresh representation and seeking for a direction."
5.The petitioner would therefore submit that by reason of this order he is neither here nor there. The earlier writ petition was sought to be withdrawn in order to bring to the notice of the Court the subsequent developments. However, in the light of the order passed by the learned Judge in WP.No.5014 of 2025 on 19.02.2025 it has become necessary for the petitioner to protect his interest. Therefore, he has taken this restoration petition. 6.This Court finds some force in the arguments advanced by the learned counsel for the petitioner.
7.Accordingly, the restoration petition is allowed and the Writ Petition in WP.No.29578 of 2024 is restored to file.
19-06-2025 kan WMP NO. 9058 of 2025 To
1. The District Collector Office Of Collectorate, Erode, Erode District
2. The Revenue Divisional Officer Office Of The R.D.O.Erode, Erode District
3. The Tahsildar Office Of The Thasildar, Perundurai Taluk, Erode District
4. C.Gurusamy S/o.Chennimalai Gounder, Karumandichelli Palayam Village And Post, Perundurai Taluk, Erode District
5. C.Muthusamy S/o.Chennimalai Gounder, Karumandichelli Palayam Village And Post, Perundurai Taluk, Erode District
6. C.Seerangasamy S/o.Chennimalai Gounder, Karumandichelli Palayam Village And Post, Perundurai Taluk, Erode District WP NO. 29578 of 2024
1. THE DISTRICT COLLECTOR OFFICE OF COLLECTORATE, ERODE, ERODE DISTRICT