P.Senthilkumar v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.8870 of 2023 P.Senthilkumar .. Petitioner Vs 1.The Principal Secretary to Government, Rural Development and Panchayat Raj Department St. George Fort, Secretariat, Chennai-600 009.
2.The Director, Rural Development and Panchayat Raj Department Panagal Building, 4th and 5th Floor, Saidapet, Chennai-600 015.
3.The District Collector, Kanchipuram District Collectorate, Kanchipuram-631 501.
4.The Assistant Director (Panchayats), Kanchipuram District Collectorate, Kanchipuram-631 501.
5.The Block Development Officer (BDO), Walajabad Block,
6.The President, Nayakkankuppam Village, Nayakkankuppam, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 6th respondent pertaining to the undated impugned notice whereby the petitioner was directed to vacate the agricultural land in Survey No.322, situated at Nayakkankuppam Village, Walajabad Block, Walajabad Taluk, Kanchipuram District within three months and to quash the same as illegal.
For the Petitioner : Mr.V.Ramana Reddy For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 5
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) P.Senthilkumar, son of Parthasarathy, a resident of Kaaranai Village, Vandalur Taluk, Chengalpattu District, has come to this court questioning the correctness of the impugned notice dated nil issued by the sixth respondent, whereby the petitioner has been directed to vacate from the agricultural land in Survey No.322, situate at Nayakkankuppam Village, Walajabad Block, Walajabad Taluk,
Kanchipuram District within three months, as the land belongs to the Village Panchayat and is admittedly classified as "Meikal Poramboke" in the revenue records.
2. Mr.V.Ramana Reddy, learned counsel appearing on behalf of the petitioner, would submit that the petitioner is carrying on agricultural occupation along with other villagers in the land in question uninterruptedly for more than a decade. It is further submitted that out of the total extent of 20 acres in S.No.322, the petitioner is in possession and enjoyment of 4.50 acres of land. However, the sixth respondent directed the petitioner to vacate from the agricultural land within three months. Therefore, the petitioner has been advised to file this writ petition.
3. It is not in dispute that the land in question is classified as "Meikal Poramboke" in the revenue records. By the impugned notice, the petitioner has been directed to vacate from the agricultural land in S.No.322 within three months. Even though the petitioner claims to be in possession of the land in question for more than a decade, no shred of material has been produced in support of the said claim. If
the respondent authorities pass any final order, it is for the petitioner to workout his remedy in the manner known to law. We do not find any reason to interfere with the impugned notice issued by the sixth respondent.
In the result, the writ petition is dismissed. There will be no order as to costs. Consequently, W.M.P.Nos.9029 and 9030 of 2023 are closed.
(T.R., ACJ.) (D.B.C., J.) 30.03.2023 Index :
No No sasi
To:
1.The Principal Secretary to Government, Rural Development and Panchayat Raj Dept., St. George Fort, Secretariat, Chennai-600 009.
2.The Director, Rural Development and Panchayat Raj Dept., Panagal Building, 4th and 5th Floor, Saidapet, Chennai-600 015.
3.The District Collector, Kanchipuram District Collectorate, Kanchipuram-631 501.
4.The Assistant Director (Panchayats), Kanchipuram District Collectorate, Kanchipuram-631 501.
5.The Block Development Officer (BDO), Walajabad Block,
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 30.03.2023