M.Vennila, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :29.11.2019 Coram:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.33528 of 2019 and W.M.P.No.33992 of 2019 Mr.Vennila .. Petitioner /versus/ 1.The District Collector, Coimbatore District, 2.The Thasildhar (Revenue), Coimbatore North, Coimbatore 641 029.

3.The Commissioner, Coimbatore Corporation, Coimbatore 641 001.

4.Commissioner of Police, Gopalapuram, .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus to direct the 1st respondent to issue patta to the land of the petitioner at Coimbatore District, Coimbatore North Taluk, Ganapathy Village West, Old No.6-D, New No.33, Kamarajapuram 2nd Street, in Survey No.295/2A.

For Petitioner :Mr.S.T.Varadarajulu For Respondents :Mr.N.Inbanathan, AGP for R1 to R4 -------

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.Heard Mr.S.T.Varadarajulu, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader, who takes notice for respondents 1 to 4. 3.The petitioner herein is occupying the water body for the past 40 years seeks Writ of Mandamus to direct the 1st respondent to issue patta to the land of the petitioner at Coimbatore District, Coimbatore North Taluk, Ganapathy Village West, Old No.6-D, New No.33, Kamarajapuram 2nd Street, in Survey No.295/2A.

4.The respondents herein have issued notice to evict the petitioner and others who are illegally occupying the water body providing alternative place at Keeranatham Village. The communication dated 23.11.2019 furnished by the learned Additional Government Pleader reveals the above fact, which is suppressed by the writ petitioner.

5.In the said circumstances, the prayer in the writ petition cannot be entertained seeking patta on the ground she is in occupation for the past 40 years. Hence, this writ petition is liable to be dismissed.

6.Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar ari To:

1.The District Collector, Coimbatore District,

2.The Thasildhar (Revenue), Coimbatore North, Coimbatore 641 029.

3.The Commissioner, Coimbatore Corporation, Coimbatore 641 001.

4.Commissioner of Police, Gopalapuram, +1cc to Mr.S.T.Varadharajalu, Advocate, SR.No.100123. +1cc to Government Pleader, SR.No.100738.

W.P.No.33528 of 2019 SSV(CO) CSR: 23/01/2020