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Madras High CourtWP(MD)/9192/2010withdrawn dismissed

Periyar System Project v. The State Rep. By Its

2022-04-28Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI FRIDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI WP(MD). NO.9192 OF 2010 PERIYAR SYSTEM PROJECT COMMITTEE REP. BY ITS CHAIRMAN MR.M.MEENATCHISUNDARAM, VANNAMPARAIPATTI MELUR - 625 106 MADURAI DISTRICT.

... Petitioner Vs 1.THE STATE REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT ST. GEORGE FORT CHENNAI - 9.

2.THE COMMISSIONER, LAND ADMINISTRATION, EZHILAGAM, CHEPAUK, CHENNAI - 5.

3.THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI - 625 020.

4.THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (WATER RESOURCE ORGANIZATION), PERIYAR VAIGAI SUB-BASIN, NEAR CENTRAL MARKET, MADURAI - 625 001.

5.THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (WATER RESOURCE ORGANIZATION), PERIYAR VAIGAI BASIN DIVISION MADURAI - 625 002.

... Respondents Petition filed under Article 226 of the Constitution of India, Praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS or any other appropriate writ or order or direction in the nature of writ to call for the records in pursuant to the impugned order passed by the 1st respondent in Letter No.25284/P1/2009-2 dated 13.10.2009 and quash the same and consequently direct the Respondents 1 and 2 to 1/3

alienate the 10 cents of land in S.No.134/8D, Tallakulam Village, Madurai North taluk, Madurai District, in favour of Petitioner s Project Committee name based on the allotment order issued by the District Collector, Madurai within a stipulated time may be fixed by this Hon ble Court.

TO M/s.MR.S.C.HEROLD SINGH, 913/95 ADVOCATE No.44, law Chambers, Madurai Bench of Madras High Court, Madurai.

Whereas this Court hath in its order dated 08.04.2022 and made herein appointed MR.S.C.HEROLD SINGH, 913/95,No.44, law Chambers, Madurai Bench of Madras High Court, Madurai as Advocate Commissioner to visit the property in question that is land in S.No.134/2A 1, Tallakulam Village, Madurai North Taluk, Madurai District. Therefore, you namely MR.S.C.HEROLD SINGH, Advocate, is directed as follows;

1. The Advocate Commissioner is required to visit the place and ascertain the truth as to whether the Petitioner's Committee is carrying out of any agricultural activities.

2.He is also required to ascertain whether the 10 cents of land allotted to the petitioner in S.No.134/2A 1, Tallakulam Village, Madurai North Taluk, Madurai is required at this stage. 3.The Commissioner shall also ascertain any other land was allotted to some other association as claimed by the petitioner and if so, its classification and whether they were permitted to construct any building?

4.The official respondents shall co-operate with the Advocate Commissioner in identifying the properties.

5.The District Collector, Madurai, shall ensure the Cooperation of the official respondents to the Advocate Commissioner in identifying the facts.

The learned Advocate Commissioner is required to file a detailed report before this Court on 18.04.2022. (Monday The Eighteenth day of April Two Thousand and Twenty Two) The matter stands posted on 18/04/2022, along with a report. 2/3

Witness MR.JUSTICE MUNISHWAR NATH BHANDARI, THE CHIEF JUSTICE of the High Court of Judicature at Madras this Friday The Eighth day of April Two Thousand Twenty Two (08.04.2022). ASSISTANT REGISTRAR (CO) ORDER DATED : 08/04/2022 HEARING DATE : 18/04/2022 ========================== WARRANT OF ADVOCATE COOOMISSIONER ========================== WP(MD)No.9192 of 2010 Giving direction and etc.

as stated within.

(CO) GC(08.04.2022) 3P 3C 3/3