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Madras High CourtWP/34399/2014closed

C.Muthusamy v. The District Collector

2022-04-11Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.34399 OF 2014 AND M.P.NO.1 OF 2014 C.Muthusamy ... Petitioner .Vs.

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam-I, Salem District

3. The Tahsildar, Mettur Taluk, Mettur Dam-I, Salem District.

4. The President, Virudasampatti Village Panchayat, Virudasampatti, Mettur Taluk, Salem District.

... Respondents PRAYER:- The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus forbearing the 4th respondent and his subordinates from interfering into petitioners peaceful possession and enjoyment of property in Survey No.103 total extent of 30 cents at Virudasampatti Village, Mettur Taluk, Salem District and consequently directing the respondents 1 to 3 to consider petitioners claim to grant of patta to the petitioner by considering the petitioners representation dated 12.12.2014 so as enable the petitioner to access the petitioners property through the above said Survey Number.

For Petitioner :

Mr.M.R.Jothimanian For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader For RR1 to 3 Mr.S.M.Perumal for R4

ORDER

This Writ Petition has been filed forbearing the 4th respondent and his subordinates from interfering into petitioners peaceful possession and enjoyment of property in Survey No.103 total extent of 30 cents at Virudasampatti Village, Mettur Taluk, Salem District and consequently directing the respondents 1 to 3 to consider petitioners claim to grant of patta to the petitioner by considering the petitioners representation dt 12.12.2014 so as enable the petitioner to access the petitioners property through the above said Survey Number.

2. The case of the petitioner is that the 4th respondent along with his henchmen illegally entered into the petitioner's property and threatened him and disturbed his possession. Therefore, the petitioner made a representation dated 12.12.2014 to the respondents and the same is not considered. Hence, the petitioner filed the present writ petition.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that as on date, there is no apprehension for the petitioner with regard to the subject matter.

4. Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing on behalf of the respondents 1 to 3 and the learned counsel for the 4th respondent and perused the materials available on record.

5. In view of the above submissions made by the learned counsel for the petitioner, this Writ Petition is closed. However, liberty is granted to the petitioner to proceed with the matter in accordance with law, apprehension, if any, arises

in future. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rli To 1.

The District Collector, Salem District, Salem.

2.

The Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam-I, Salem District.

3.

The Tahsildar, Mettur Taluk, Mettur Dam-I, Salem District.

4.

The President, Virudasampatti Village Panchayat, Virudasampatti, Mettur Taluk, Salem District.

+1cc to the Government Pleader, S.R.No.25769 W.P.NO.34399 OF 2014 AND M.P.NO.1 OF 2014 JPL(CO) PBS/29/04/2022