Kasturba Kushta Nivaran Nilayam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kasturba Kushta Nivaran Nilayam (An Institution Of Kasturba Gandhi National Memorial Trust) Rep By Its Secretary, R.Selvaraj ... Petitioner -Vs1. The District Collector, Villupuram District.

2. The Block Development Officer, Malavanthangal Village, Gingee Taluk, Villupuram District.

3. The President, Malavanthangal Village, Gingee Taluk, Villupuram District- 605 701.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the third respondent from trespassing and disturbing the peaceful possession of the land in survey No.297, Malavanthangal Village, Gingee Taluk, Villupuram District measuring to an extent of 23.16 acres and direct the first respondent to initiate appropriate legal action against the third

respondent based upon the representation dated 30.07.2024 and 09.08.2024.

For Petitioner : Mr.K.Chozhan For R1 : Mr.C.Kathiravan Special Government Pleader For R2 and R3 : Mr.V.Ramesh Government Advocate

ORDER

This writ petition has been filed for the issuance of Writ of Mandamus, forbearing the third respondent from trespassing and disturbing the peaceful possession of the land in survey No.297, Malavanthangal Village, Gingee Taluk, Villupuram District measuring to an extent of 23.16 acres and direct the first respondent to initiate appropriate legal action against the third respondent based upon the representation dated 30.07.2024 and 09.08.2024.

2. Heard both sides and perused the materials available on record.

3. A perusal of records revealed that the subject land comprised in S.No.297 is classified as Sarkar Pormboke. In fact, the third respondent requested the Government to form a playground in the subject land along

with the land comprised in S.No.292. Both the lands comprised in S.Nos.292 and 297 are classified as Sarkar Poramboke.

4. In view of the above, the direction sought for in this petition cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs.

27.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The District Collector, Villupuram District.

2. The Block Development Officer, Malavanthangal Village, Gingee Taluk, Villupuram District.

3. The President, Malavanthangal Village, Gingee Taluk, Villupuram District- 605 701.

27.09.2024