R.Ganeshan, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Ganeshan ..
Petitioner Vs.
1. The State of Tamil Nadu Rep. by its Secretary to Government Department of Animal Husbandry Dairying and Fisheries Fort St. George Chennai 600 009.
2. The District Collector Coimbatore Coimbatore District.
3. The Revenue Divisional Officer (South) Coimbatore District.
4. The Tashildar Sulur, Coimbatore Coimbatore District.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the respondents 2 to 4 from dividing transferring or allotting and granting of patta in respect of "Mandhai Poramboke" land comprised in S.No.325/8 situated Peedampalli Village, Sulur Taluk, Coimbatore District by considering the petitioner representation dated 6.11.2017.
For the Petitioner : Mr.K.Myilsamy For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader
ORDER
(Made by the Hon'ble Chief Justice) We heard Mr.K.Myilsamy, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.
2. The contention of the petitioner is that grazing land is being classified as patta land, the same cannot be done in view of the Government Order dated 11.12.2001.
3. Counter and status report are filed on record by the respondents to suggest that in the year 2015, a part of the said land was converted into Natham and was allotted to the landless poor persons, who had encroached upon the land. The remaining part is also not being used as a grazing land and the same is being used as a road.
4. It is further submitted that steps are being taken for identifying suitable alternate land to handover to the Animal Husbandry Department for grazing purpose.
5. The same was also stated in the affidavit filed on 18.06.2018. Five years have lapsed and the status report filed on 10.07.2023 also states the same thing. It appears that no progress has been made in the five years.
6. The respondent authorities shall expedite the steps for identifying suitable land to handover to the Animal Husbandry Department for grazing purpose. The compliance shall be made, as undertaken in the status report, expeditiously preferably within a period of nine months. Call the matter after nine months for reporting compliance.
7. In view of that, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.34128 of 2017 is closed. (S.V.G., CJ.) (P.D.A., J.) 11.07.2023 Index :
Yes/No :
Yes/No drm
To
1. The Secretary to Government The State of Tamil Nadu Department of Animal Husbandry Dairying and Fisheries Fort St. George Chennai 600 009.
2. The District Collector Coimbatore Coimbatore District.
3. The Revenue Divisional Officer (South) Coimbatore District.
4. The Tashildar Sulur, Coimbatore Coimbatore District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) W.P.No .31115 of 2017 11.07.2023