Thiagarajan v. The Dist Collector

W.P.(MD)No.5769 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.5769 of 2021 and WMP(MD) No.4542 of 2021 (Through Video Conferencing) Thiagarajan : Petitioner Vs.

1.The District Collector Office of the District Collector Pudukottai District.

2.The Tahsildar, Iluppur Taluk office, Pudukottai District.

3.V.Muthaiah : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 to 3 not to cut and remove the tamarind trees standing in the property comprised in S.No.57/67 situated at Ariyoor Alagapuri, Iluppur, Mathianallur Post, Pudukottai District on the basis of the petitioner's representation dated 10.02.2021. For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.K.P.Krishnadoss R1 and R2 Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition directing the respondents 1 to 3 not to cut and remove the tamarind trees standing in S.No.57/67 at Ariyoor Alagapuri, Iluppur, Mathianallur post, Pudukottai District in pursuant to the representation made.

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W.P.(MD)No.5769 of 2021 2.We have perused the representation. Though the petitioner's wife has got a patta and the petitioner has been given a free house, it is stated by the petitioner that he is enjoying the usufructs of the tamarind tree for quite number of years. As an attempt is being made to remove it, the same will have to be prevented. 3.It is a Public Interest Litigation, which has been filed before us. The petitioner seeks to prevent the respondents from removing the trees, which he claims to be in possession. Admittedly, there is no 2C patta in favour of the petitioner. Therefore, as on today, he does not have any legal right. In such view of the matter, we do not find any reason to entertain this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector Office of the District Collector Pudukottai District.

2.The Tahsildar, Iluppur Taluk office, Pudukottai District.

+1 CC to SPL GP ( SR-11595[F] dated 16/03/2021 ) Order made in W.P.(MD)No.5769 of 2021 Dated: 15.03.2021 KM (26.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2