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Madras High CourtWP/34695/2023dismissed

Govindappa v. The District Collector

2023-12-21Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Govindappa ... Petitioner Vs.

1. The District Collector, Krishnagiri, Krishnagiri District.

2. The Tahsildar, Shoolagiri Taluk, Krishnagiri District.

3. The Taluk Surveyor, Shoolagiri Taluk, Krishnagiri District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to dispose the petitioner's application dated 10.04.2023 by measuring and demarcating the petitioner's land in extent of 11.85.30 and 1.67 Acre in Old S.No.104/2A2A, New S.No.104/7, Bukkasagaram Village, Shoolagiri Taluk, Krishnagiri District.

For Petitioner : Mr.G.Selvaraj For Respondents : Mr.V.Veluchamy Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents to dispose the petitioner's application dated 10.04.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The respondents filed the counter stating that on inspection of the petitioner's land, it was found that the petitioner is not in the possession of the land in S.No104/7 and one Basappa of Bukkasagam village is in the possession of the land. The respondents sent a notice/summon to the petitioner on 18.08.2023, directing the petitioner to appear for enquiry. Since the petitioner failed to receive the notice, the

same was affixed on the door of the petitioner's residence. It is further stated that since the petitioner is not cooperating for enquiry, the respondents are unable to consider his representation dated 10.04.2023. The respondents have filed the relevant enclosures with regard to the same.

4. The petitioner has not come to the Court with clean hands. Hence, the Writ Petition is dismissed. However, the petitioner is at liberty to workout his remedy before the Civil Court. There shall be no order as to costs.

21.12.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, Krishnagiri, Krishnagiri District.

2. The Tahsildar, Shoolagiri Taluk, Krishnagiri District.

3. The Taluk Surveyor, Shoolagiri Taluk, Krishnagiri District.

P.VELMURUGAN, J.

mfa 21.12.2023