Madras High CourtWP(MD)/368/2022dismissed

Kalimuthu v. The District Collector

2025-01-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.368 of 2022 Kalimuthu ... Petitioner Vs 1.The District Collector, Tanjavur District, Tanjavur.

2.The Tahsildar, Thiruvidaimaruthoor Taluk, Tanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the respondents to provide alternative free house site in S.No.45/3, situated at Polakudi, Kovilramapuram Revenue Village, Thiruvidaimaruthoor Taluk,Thanjavur District based on the Petitioner's representation, dted 11.10.2021.

For Petitioner : Mr.M.Ramu For RR 1 and 2 : Mr.D.Gandhiraj Spl. Govt Pleader

ORDER

This Writ Petition has been filed for a direction, directing 1/4

the respondents to provide alternative free house site in S.No.45/3, situated at Polakudi, Kovilramapuram Revenue Village, Thiruvidaimaruthoor Taluk,Thanjavur District based on the Petitioner's representation, dted 11.10.2021.. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The Petitioner is residing at Kovilramapuram Revenue Village, Thiruvidaimaruthoor Taluk, Thanjavur District. The Petitioner applied for patta for the above said property. He was informed that the subject land is a water catchment area and as such, the request made by the Petitioner cannot be considered. Therefore the Petitioner submitted a representation on 11.10.2021 seeking alternative free house site in the land in S.No.45/3, situated at Polakudi, Kovilramapuram Revenue Village, Thiruvidaimaruthoor Taluk,Thanjavur District.

4.The learned Special Government Pleader, on instructions, submitted that the property situated within the Kovilramapuram Panchayat is classified as 'Kalam Poramboke'. Therefore, the request made by the Petitioner for alternative free house site cannot be 2/4

considered. As such, the Writ Petition is devoid of merits and the same is liable to be dismissed.

5.Accordingly, the Writ Petition is dismissed. There is no order as to costs.

02.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsn To 1.The District Collector, Tanjavur District, Tanjavur.

2.The Tahsildar, Thiruvidaimaruthoor Taluk, Tanjavur District.

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G.K.ILANTHIRAIYAN, J.

vsn Order made in W.P(MD)No.368 of 2022 02.01.2025 4/4