M.Muniyandi, v. The Additional Chief

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.5952 of 2016 M.Muniyandi ... Petitioner Vs.

1.The Additional Chief Secretary/ Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Kancheepuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorified Mandamus, calling for the records from the first respondent made in Ref.Proc.No.F2/18258/2009 dated 19.11.2015 and consequently directing the respondents 1 & 2 to provide and assigned alternative site place in Agaramthan village, Tambaram Taluk, Kancheepuram District.

For Petitioner :

Mr.D.Bharathy For Respondents :

Mr.T.K.Saravanan, Government Advocate Page No.1 of 5

O R D E R

The petition has filed this writ petition for issuance of Writ of Certiorarified Mandamus, calling for the records from the first respondent made in Ref.Proc.No.F2/18258/2009 dated 19.11.2015 and consequently directing the respondents 1 & 2 to provide and assigned alternative site place in Agaramthan village, Tambaram Taluk, Kancheepuram District.

2. The case of the petitioner is that the petitioner has allotted a poramboke land to an extent of 2.15 acres in Survey No.2371/1 and 101 in Agaramthan village, Tambaram Taluk, Kancheepuram District by the Government and the petitioner is using the said land for agricultural purpose from the year 1973 and subsequently, he has applied for patta for the subject property. However, the respondents have not issued patta in favour of the petitioner. The petitioner has also filed writ petition in W.P.No.1793 of 2015 to consider his representation dated 15.04.2015 for assigning alternative site and this Court directed the respondents to consider and dispose of the said representation. However, the first respondent rejected the representation vide Page No.2 of 5

reference No.Proc.No.F2/18258/2009 dated 19.11.2015. Challenging the same, the present writ petition is filed.

2. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that during the pendency of this writ petition, the petitioner has died and prayed this Court to grant liberty to the legal representatives of the deceased petitioner for filing fresh representation before the respondents.

3. Recording the submission made by the learned counsel for the petitioner, this writ petition is dismissed as abated. However, this Court grants liberty to the legal representatives of the deceased petitioner for filing fresh representation before the competent authority, if they are eligible. No costs.

23.09.2022 vm Index :

Yes/No Speaking Order :

Yes/No To:

Page No.3 of 5

1.The Additional Chief Secretary/ Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2.The District Collector, Kancheepuram.

M.DHANDAPANI,J.

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