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Madras High CourtWP/15089/2003closed

Mrs.Isakki Ammal v. The District Collector

2015-12-16Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.15089 of 2003 Isakki Ammal W/o.Late Arumugham Pillai, 59/P, Perumal Melaratha Veedhi, Tirunelveli Junction, Tirunelveli.

..

Petitioner Vs

1. The District Collector, Tirunelveli.

2. The Tahsildar, Tirunelveli.

3. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings bearing O.M.4984/2003(A1) dated 05.05.2003 on the files of the 2nd respondent and quash the same and consequently direct the 1st respondent to grant lease in respect of the land situate at Block No.14 comprised in Survey No.1096/7 at Sindhupoondurai Village, Madurai Road, Tirunelveli Junction admeasuring an extent of 28 cents to the petitioner.

For Petitioner : Mr.V.Kalyanaraman for M/s.Aiyar & Dolia For Respondents 1 to 3 : Ms.P.Rajalakshmi Government Advocate

ORDER

Heard Mr.V.Kalyanaraman for M/s.Aiyar & Dolia, learned counsel appearing for the petitioner and Ms.P.Rajalakshmi, Government Advocate appearing for the respondents and with their consent, the Writ Petition is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner challenges the order passed by the second respondent dated 05.05.2003, by which, her request to grant lease of a land to run a petty shop, came to be rejected on the ground that it has been entered in the Prohibitory Book that the land is classified as "Nandavanam Poromboke".

3. Admittedly, the lease sought for by the petitioner is for five years, which is already over. There at best the petitioner would be operating based on the interim order granted by this Court on 07.08.2003.

4. In the light of the fact that the period of lease sought for is already over, nothing survives for adjudication in the Writ Petition. Accordingly, the Writ Petition stands closed. It is open to the petitioner to proceed in accordance with law.

ds s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To:

1. The District Collector, Tirunelveli.

2. The Tahsildar, Tirunelveli.

3. The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli.

+ 1 cc to the Govt.Pleader High Court, Madras SR 67833 + 1 cc to M/s.Aiyar & Dlia, Advocate SR 68478 ppa(co) prk22/1 W.P.No.15089 of 2003 https://hcservices.ecourts.gov.in/hcservices/