Munusamy v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.3305 of 2013 MP No.1 of 2013 Munusamy

...Petitioner

Vs.

1. The District Collector, Krishnagiri.

2. The District Revenue Officer, Krishnagiri District.

3. Tahsildar, Poochampalli Taluk, Krishnagiri.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to forbear the respondents his men, agents, servants, subordinates, or any body acting on his behalf from in any way interfering / converting this land in S.No.105/2, which is an extent of 1 1/4 acres of land in Pochampalli Taluk, Damodarahalli, Sathnaikanpatti post, Krishnagiri District. For Petitioner : Mrs.Selvi George For Respondents : Mr.B.Anand

ORDER

This writ petition has been filed for issuance of a writ of mandamus to forbear the respondents, his men and agents from in in any way interfering / converting the land in S.No.105/2, which is an extent of 1 1/4 acres of land, in Pochampalli Taluk, Damodarahalli, Sathnaikanpatti post, Krishnagiri District.

2. The case of the petitioner is that the Survey No.105 has total extent of 9 acre and 60 cents and totally 17 individuals have occupied the land and have been enjoying for more than 40 years. The petitioner and his forefathers are in possession of Survey No.105/2, having extent of 1 1/4 acres and patta was also issued in favour of the petitioner by the Revenue Tahsildar, vide proceedings in HSD No.637/1417, dated 27.03.2008. While so, https://hcservices.ecourts.gov.in/hcservices/

in January 2013, there was a rumor that the respondents are going to construct a School in the land. Hence, the present writ petition.

3. The learned Government Advocate appearing for the respondents, by referring paragraph 3 of the counter affidavit filed by the 3rd respondent, submitted that the Government has a proposal to construct a School in Survey No.105/1 and not in Survey No.105/2. He further submitted that the respondents will not interfere with the possession and enjoyment of the land by the petitioner.

4. Recording the submission of the learned Government Advocate, this writ petition is closed as no further adjudication is required. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar pvs To

1. The District Collector, Krishnagiri.

2. The District Revenue Officer, Krishnagiri District.

3. Tahsildar, Poochampalli Taluk, Krishnagiri.

+1cc to the Government Pleader, S.R.No. 14530 +1cc to MS.SELVI GEORGE, Advocate, S.R.No. 13712 WP.No.3305 of 2013 TR(13/03/2018) https://hcservices.ecourts.gov.in/hcservices/