Gutlappa v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1 GUTLAPPA 2 MUNIRATHINAMMA .. Petitioners Vs 1 THE DISTRICT COLLECTOR KRISHNAGIRI DISTRICT KRISHNAGIRI.
2 THE TAHSILDAR HOSUR TALUK HOSUR.
3 GEORGE FOUNDATION REP.BY ITS CHIEF OPERATING OFFICER SHANTHI BHAWAN BALIGANAPALLY VILLAGE AND POST HOSUR TALUK, KRISHNAGIRI DISTRICT.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the 1st respondent form assigning S.Nos.111, 113, 114, 115 of Baliganapally Village and S.Nos.31, 36, 32, 41/3, 40/2 of Idapally Village and S.Nos.111 and 108 of Allur Village situate within Hosur Taluk, Krishnagiri District.
For the Petitioners : Mrs.V.Srimathi For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.K.M.D.Muhilan Addl. Government Pleader for respondents 1 and 2 : No appearance for 3rd respondent
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mrs.V.Srimathi, learned counsel for the petitioners, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader, for respondents 1 and 2.
2. It is the submission of learned counsel for the petitioners that the first respondent should not assign the lands in S.Nos.111, 113, 114, 115 of Baliganapally Village; S.Nos.31, 36, 32, 41/3, 40/2 of Idapally Village; and S.Nos.111 and 108 of Allur Village
situated within Hosur Taluk, Krishnagiri District.
3. A status report has been filed by the second respondent in the year 2019. As per the status report, the Vari, Thoppu, Eri Karai lands comprised in the aforesaid survey numbers lie outside the lands of George Foundation. The abovesaid Vari was not obstructed by the said George Foundation. There are no encroachments in the Vari and there is no obstruction for passage of water in the Vari. The government has granted lease of land comprised in Survey No.162 to the extent of 0.92.5 Hectares in favour of George Foundation. It is stated that the lease in favour of George Foundation was extended till 31.12.2011 and thereafter the lease was cancelled on 1.1.2012 and the land was resumed by the government and it is now under the control of the Revenue Department free from all encroachments.
4. In view of the status report, the grievance of the petitioners does not subsist.
The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.No.35250 of 2005 is closed. (S.V.G., CJ.) (P.D.A., J.) 12.06.2023 Index :
Yes/No Yes/No sasi To:
1 THE DISTRICT COLLECTOR KRISHNAGIRI DISTRICT KRISHNAGIRI.
2 THE TAHSILDAR HOSUR TALUK HOSUR.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 12.06.2023