Varusanadu Pagudhi Kanmaai Pasana Vivasayigal Sangam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Varusanadu Pagudhi Kanmaai Pasana Vivasayigal Sangam, (Regn. No.247/2019), Represented by its Secretary M.P.Thirumurugan, No.17, Kootutheru, Varusanadu, Andipatti Taluk, Theni District - 625 579.

... Petitioner -vs1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Periyakulam Sub Division, Periyakulam, Theni District.

3.The Tahsildar, Andipatti Taluk, Theni District.

4.The Block Development Officer, Mayiladumparai Panchayat Union, Theni District.

5.P.N.S.Gopinath 6.Sheeladevi 7.Veni 8.S.Chinnammal 9.M.K.Subramani ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from granting 2C patta to the respondents 5 to 9 in and around Panjanthanki Kanmai in Survey No.550 at Varusanadu Village, Mayiladumparai Panchayat Union, Andipatti Taluk, Theni District, based on the petitioner's representation dated 31.10.2022.

For Petitioner : Mr.R.Shankar Ganesh For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents 1 to 4 from granting 2C patta to the respondents 5 to 9 in and around Panjanthanki Kanmai in Survey No.550 at Varusanadu Village, Mayiladumparai Panchayat Union, Andipatti Taluk, Theni District, based on the petitioner's representation dated 31.10.2022.

2. Learned counsel appearing for the petitioner would submit that since some of the encroachers in the guise of enjoying 2C

patta have encroached even the water body, writ petitions in W.P(MD)Nos.2344 and 3002 of 2020 have been filed for removal of the encroachment and this Court, by order dated 20.03.2020, has passed an order stating that the encroachers, who were enjoying the benefit of 2C patta should be removed. Therefore, the petitioner has filed the present Writ Petition.

3. Learned Government Pleader appearing for the respondents 1 to 4 would submit that the present Writ Petition is a premature and there is no justification to entertain the Writ Petition. The respondents have not taken any decision to issue 2C patta to anyone and only with an apprehension, the petitioner has filed the Writ Petition and therefore, the same is liable to be dismissed.

4. Recording the submission made by the learned Government Pleader, this Writ Petition stands closed. No costs. [T.R., A.C.J.] [D.K.K., J.] 03.02.2023 NCC : Yes / No Index : Yes / No Internet: Yes / No vsm/ps

To 1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Periyakulam Sub Division, Periyakulam, Theni District.

3.The Tahsildar, Andipatti Taluk, Theni District.

4.The Block Development Officer, Mayiladumparai Panchayat Union, Theni District.

T.RAJA, A.C.J.

and D.KRISHNAKUMAR, J.

vsm/ps ORDER MADE IN DATED : 03.02.2023