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Madras High CourtWP(MD)/6744/2024dismissed

A.Chinnaramu v. The District Collector

2024-03-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.6250 and 6252 of 2024 A.Chinnaramu ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Thasildar, Periyakulam Taluk, Theni District.

3.The Assistant Director, Town Panchayat, Theni Region, Theni - 31.

4.The Executive Officer, Thenkarai Town Panchayat, Periyakulam Taluk, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the 1/4

records pertaining to the proceedings of the 2nd respondent in his proceeding in Na.Ka.No.293/2023/Aa2 dated 08.02.2024, quash the same and further directing the respondents to issue patta in the petitioner's name for the land comprised in Survey No.3115/2 to an extent of 0.81.0 situated at Thenkarai Village, Periyakulam Taluk, Theni District.

For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.K.S.Selvaganeshan, Addl. Government Pleader for R1 & R2.

Mr.M.Senthi Ayyanar, Govt. Advocate for R3 & R4.

ORDER

Heard both sides.

2.The petitioner challenges the delivery certificate issued by the second respondent in favour of the fourth respondent. It is obvious that the petitioner was having 2-C patta. The learned Additional Government Pleader states that 2-C patta was cancelled. The possession of a person who is paying B memo charges is at sufferance. Of course, the authorities could have adopted due process of law. They have not done so. The learned Additional Government 2/4

Pleader informs the Court that for solid waste management, the requisite infrastructure has already been laid and possession has also been handed over to the local body. In these circumstances, I am not in a position to interfere. 3.The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

20.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Theni District, Theni.

2.The Thasildar, Periyakulam Taluk, Theni District.

3.The Assistant Director, Town Panchayat, Theni Region, Theni - 31.

4.The Executive Officer, Thenkarai Town Panchayat, Periyakulam Taluk, Theni District.

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G.R.SWAMINATHAN, J.

ias 20.03.2024 4/4