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Madras High CourtWP/17482/2021dismissed as infructuous

S.Senthilkumar v. The District Collector

2021-11-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.17482 OF 2021 S.Senthilkumar ... Petitioner -Vs1. The District Collector,

2. The District Backward Class Officer,

3. The Special Tahsildar (Adhi Dravidar Welfare), Dharmapuri - 636 701.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to issue No Objection Certificate (NOC) to the Plot No.50 in survey No.324/1 and 325/1, at A.Reddihalli Village, Dharmapuri Taluk and District, allotted to petitioner's grandmother Late Ramayee, by way of an assignment Patta proceedings dated 29.11.1984 in Na.Ka.1563/83/A based on petitioner's representation dated 29.01.2021 and 15.02.2021. For Petitioner : Mr.M.Vijay Anand For Respondents : Mr.Yogesh Kannadasan Government Advocate

ORDER

The Writ Petition has been filed to direct the respondents to issue No Objection Certificate (NOC) to the Plot No.50 in survey No.324/1 and 325/1, at A.Reddihalli Village, Dharmapuri Taluk and District, allotted to petitioner's grandmother Late Ramayee, by way of an assignment Patta proceedings dated 29.11.1984 in Na.Ka.1563/83/A based on petitioner's representation dated 29.01.2021 and 15.02.2021.

2. Heard Mr.M.Vijay Anand, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Government Advocate appearing for the respondents.

3. The learned Government Advocate would submit that on receipt of the petitioner's representation dated 29.01.2021, the second respondent conducted an enquiry and received report from the Tashildar, Harur. As per the report, it is found that the death certificate of the petitioner's grandmother and his father annexed along with the above said representations were not issued by the Deputy Tashildar, Harur. Therefore, the request of the petitioner was rejected by the second respondent by an order dated 25.08.2021.

4. In view of the above submission, the prayer sought for in this Writ Petition has become infructuous. However, the petitioner is at liberty to challenge the order passed by the second respondent dated 25.08.2021 in the manner known to law, if so advised.

5. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rts To 1.

The District Collector,

2.

The District Backward Class Officer, 3.

The Special Tahsildar (Adhi Dravidar Welfare), Dharmapuri - 636 701.

+1cc to Mr.M.Vijay Anand, Advocate, S.R.No.58385 W.P.NO.17482 OF 2021 BP(CO) PBS/16/12/2021