Maimuna Bi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.33928 of 2024 1.Maimuna Bi 2.Mohammed Ismail 3.Rabia Bi 4.M.Kamal Basha 5.M.Jakir Hussain 6.Jaithun Bi 7.Mohammed Shareef Shaikh 8.Abida Bi 9.Shamsuddin 10.Ibrahim .. Petitioners (The Petitioners 2 to 8 and 10 are rep. By their Power Agent Mr.Shamsuddin, 9th petitioner herein) Vs.

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1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Special Tahsildhar (ADW), Kallakurichi District, Kallakurichi.

3.The District Adi Dravidar and Tribal Welfare Officer, Kallakurichi District, Kallakurichi.

4.The District Registrar, No.57/4, Kopuram Complex, Katchari Salai, Kallakurichi - 606 202, Kallakurichi District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus by directing the respondents 1 to 4 to for clear and removal of the land acquisition activities over the subject properties, situated at Udaiyanachi Village Colony, Kongarayapalayam Post, Kallakurichi, Taluk and District, comprised in Ayan Punja S.No.241/1, to an extent of Acre 1.85 cents and Ayan Punja S.No.242/2, to an extent of Acre 1.07 cents on the basis of the petitioners' representation dated 01.06.2023.

For Petitioners :

No appearance For Respondents :

Mr.A.Selvendran Special Government Pleader 2/6

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents 1 to 4 to stop the acquisition activities over the subject properties based on the representation made by the petitioners' on 01.06.2023.

2.When the matter came up for hearing on 20.02.2025, this Court passed the following order:

"When the matter came up for hearing on 06.12.2024, this Court passed the following order:

The learned Special Government Pleader would submit that the land has been acquired as early as in 1995. On 17.03.1995, the amount had been deposited before the revenue authorities on 18.05.1995, 86 persons have been given patta. He would seek time to get instructions as to whether the possession has been handed over to 86 persons, if so, when?

Post on 08.01.2025 2.The learned Special Government Pleader seeks for some more time to file counter in this case. While filing the counter, the details as sought for by this Court shall be specifically provided.

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3.Post this case on 05.03.2025."

3.When the matter was taken up for hearing today, the learned Special Government Pleader produced the written instructions received from the Special Tahsildhar, Kallakurichi. It has been stated that 86 computerized patta has already been issued in the name of 86 individuals and the possession has also been handed over. After handing over of possession, 15 houses have been constructed.

4.In the light of the above development, there is no scope to grant the relief as sought for in the writ petition. 5.Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 05.03.2025 krk Index : Yes / No Internet : Yes / No : Yes / No 4/6

To 1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Special Tahsildhar (ADW), Kallakurichi District, Kallakurichi.

3.The District Adi Dravidar and Tribal Welfare Officer, Kallakurichi District, Kallakurichi.

4.The District Registrar, No.57/4, Kopuram Complex, Katchari Salai, Kallakurichi - 606 202, Kallakurichi District.

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N.ANAND VENKATESH, J.

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