R.Palanivelu, v. The Government Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2009 R.Palanivelu, Secretary, Ex. Mill Workers Employees Welfare Union, Shri Meenakshi Mills Limited, Affiliated to All India Trade Union Congress, Represented by its Secretary, R.Palanivelu ... Petitioner vs.

1.The Government of Tamil Nadu, Represented by the Chief Secretary, Fort St. George, Chennai.

2.The Secretary, Revenue Department, Fort St. George, Chennai.

3.The Director / Commissioner, Fort St. George, Chennai.

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4.The Assistant Commissioner, Madurai - 2.

5.The District Collector, Madurai District, Madurai.

6.The District Revenue Officer, Madurai District, Madurai.

7.Gujarat Heavy Chemicals Limited, Unit Sri Meenakshi Mills Limited, Dindigul Road, Paravai, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent No.1 to cancel the permission granted to the respondent No.7's unit the erstwhile Madurai Shri Meenakshi Mills Private Limited to hold land in Survey Nos.20B-3, 20B/8, 20B-10, 20B-11, 20B/12, 20B-13, 20B/15, 20B-16, 21-1, 22-1, 22-2A, 23B-1A1, 23B/1C, 23B/7, 23B/2A, 23B/4A, 23B/6B, 23B/8, 23B/9, 24B/2, 25B/1B, 25B/2, 3B/1, 3B/4, 3B/5, 3B/6, 26B/1B, 27/1, 27/2, 28/1, 28/2, 28/3, 29/1, 29/2, 29/3, 29/4, 29/5, 29/6, 29/7, 30/1, 30/2, 30/3, 30/4, 30/5, 30/6, 30/7, 30/8, 31/2A, 31/3A, 31/4, 31/5, 31/6, 31/7, 152/1, 149/2, 149/8, 150/2B in Madakulam village and R.S.No. 1B.3 in Ponmeni Village and 25/1B, 25/4, 25/5, 25/6, 25/7A, 27/7B, 27/1A, 27/4A, 27/4A2, 31/1, 33/1, 33/2, 40/1, 41/2A1A Wet, 41/2A1B, 41/2A2B, 41/2A2B6B3, 41/3, 41/4, 41/5A, 41/5B, 41/6A, 41/7A, 41/7B, 41/1A, 42/1, 2/6

42/2, 42/3, 42/4, 42/5, 42/6, 42/7, 42/8B, 42/9, 42/10, 42/11A1A, 42/11A1B, 42/11A2, 42/11B, 42/11D, 42/12, 42/13A, 42/13D1A, 42/13B2, 43/1, 43/2, 43/5, 43/6, 43/6A, 43/6B, 43/7, 43/8A, 43/8B, 45/2, 45/3A, 45/3B1, 45/3B2, 45/4, 45/5, 45/6, 45/7, 45/8, 45/9, 45/10, 47/3, 47/4, 47/5, 47/6A, 47/7, 47/A1A2, 47/8A1B, 47/9 in Thirupparankundram Village in Madurai District, under Section 37A of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and to consequently deal with the said land in accordance with the provisions of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, Rules. For Petitioner : Mr.P.Vetrivel for Mr.T.Lajapathi Roy For Respondent Nos.1 to 6 : Mr.T.Amjadkhan Government Advocate For Respondent No.7 : Mr.M.Sridhar

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The learned counsel appearing for the petitioner would submit that the petitioner is no more and the notice sent to the Union has been returned and the said Union has become defunct and reported 'no instructions'.

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2.In such circumstances, despite several opportunities have been granted to the learned counsel for the petitioner for substituting any other representative of the Union, the learned counsel is not in a position to substitute any other representative of the Union. Thus, it is clear and evident that the petitioner is not interested in prosecuting the case and hence, this Court has no other option except to dismiss this Writ Petition for non-prosecution.

3.In view of the above, this Writ Petition is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is closed.

[D.K.K.,J.] [R.V.,J.] 11.03.2024 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The Chief Secretary, Fort St. George, Chennai.

2.The Secretary, Revenue Department, Fort St. George, Chennai.

3.The Director / Commissioner, Fort St. George, Chennai.

4.The Assistant Commissioner, Madurai - 2.

5.The District Collector, Madurai District, Madurai.

6.The District Revenue Officer, Madurai District, Madurai.

7.Gujarat Heavy Chemicals Limited, Unit Sri Meenakshi Mills Limited, Dindigul Road, Paravai, Madurai District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 11.03.2024 6/6