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Madras High CourtWP/34343/2024dismissed

C.Vijayakumar v. The District Collector

2024-12-12Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.Vijayakumar ... Petitioner -vs1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar,

3. The Revenue Divisional Officer, Kancheepuram Range,

4. The Block Development Officer,

5. Kanthammal

6. M.Nandhakumar

7. M.Gunasekaran ... Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents 1 to 4 to take necessary action to cancel the Patta No.428 issued in favour of the 5th respondent in respect of property, situated at Mambudur Village, Uthiramerur Taluk, Kancheepuram District, comprised in S.No.191/1D2, measuring to an extent of acres 2.79 cents and also encroached and damaged the road in S.Nos.191/1A1, 191/1B and 191/1C on the basis of the petitioner's representations, more particularly, the representation dated 29.07.2024.

For Petitioner :

Mr.R.Thanjan For Respondents :

Mr.A.Edwin Prabakar State Govt. Pleader Assisted by Mr.M.Habeeb Rahman, Govt. Advocate, for RR 1 to 4 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Counsel for petitioner keeps repeating that a burial ground land has been converted into patta land. When we asked the counsel to show some photographs or at least some evidence that the land was a burial ground, counsel showed us two photographs of a shed in a barren land. It does not

indicate anywhere that it was a burial ground. Counsel now clarifies that originally it was a 'Tharisu' land, means 'dry assessed waste land', which people in the locality, were using as a burial ground. In our view, no case for public interest litigation is made out. Petition is dismissed. There shall be no order as to costs. (K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 12.12.2024 Index :

Yes/No NC :

Yes/No sra To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar,

3. The Revenue Divisional Officer, Kancheepuram Range,

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.

(sra)

4. The Block Development Officer, 12.12.2024