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Madras High CourtWP/10619/2019dismissed

Alamelu v. The District Collector,

2022-02-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.10619 of 2019 W.M.P.No.11101 of 2019 Alamelu

...Petitioner

-Vs1. The District Collector, Dharmapuri, Dharmapuri District.

2. The Tahsildar, Nallampalli Taluk, Dharmapuri District.

3. The Special Tahsildar, Aadhi Dharvida Welfare Department, Dharmapuri Taluk, Dharmapuri District.

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 29.12.2018 for reconveyance of the lands in Survey No.168/11A, 168/11B, 168/11C of Erapayanahalli village and post, B.Agrakaram Via, Nallampalli Taluk, Dharmapuri District.

For Petitioner :

Mr.C.Umashankar For Respondents :

Mr.G.Krishna Raja Additional Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 29.12.2018 for reconveyance of the lands in Survey Nos.168/11A, 168/11B, 168/11C of Erapayanahalli village and post, B.Agrakaram Via, Nallampalli Taluk, Dharmapuri District.

2.

Heard Mr.C.Umashankar, the learned counsel appearing for the petitioner and Mr.G.Krishna Raja, learned Additional Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.

The petitioner made a representation on 29.12.2018, requesting the respondents to re-convey the land comprised in Survey Nos.168/11A, 168/11B, 168/11C of Erapayanahalli village and post, B.Agrakaram Via, Nallampalli Taluk, Dharmapuri District, which was already acquired for the purpose of "Free House Site Project".

4.

A perusal of the counter filed by the third respondent revealed that on receipt of the representation made by the petitioner, dated 29.12.2018, the petitioner was called for the enquiry and the request made by the petitioner was rejected on 07.01.2019 itself. Hence, the direction sought for in this writ petition cannot be considered. 5.

Therefore, the writ petition is devoid of merits and is liable to be dismissed. However, the third respondent is directed to serve the copy of the order, dated 07.01.2019 to the petitioner, within a period of two weeks from the date of receipt of a copy of this order, if not already served. On receipt of the same, the petitioner is at liberty to challenge the same in the manner known to law, if so advised. 6.

In view of the above, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar mn To 1.The District Collector, Dharmapuri, Dharmapuri District.

2.The Tahsildar, Nallampalli Taluk, Dharmapuri District.

3.The Special Tahsildar, Aadhi Dharvida Welfare Department, Dharmapuri Taluk, Dharmapuri District.

+1cc to Government Pleader SR. No.7706 W.P.No.10619 of 2019 W.M.P.No.11101 of 2019 PMK (CO) PR (01/03/2022) https://hcservices.ecourts.gov.in/hcservices/