Madras High CourtWP(MD)/10478/2020dismissed as infructuous

U.Rajeswaran v. The Commissioner

2020-08-31Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR U.Rajeswaran ... Petitioner Vs.

1.The Commissioner, Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Special Officer, Tamil Nadu Boomi Dhana Board, Chennai - 5.

3.The District Collector, Sivagangai District.

4.The Revenue Divisional Officer, Sivagangai.

5.The Tahsildar, Karaikudi.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 10.07.2020 for cancelling patta No.1355 and to grant fresh patta to the petitioner.

For Petitioner : Mr.M.Vijayarathinam For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 10.07.2020 for cancelling patta No.1355 and to grant fresh patta to the petitioner. 2.According to the petitioner, he made a representation on 10.07.2020 before the respondents seeking to cancel patta No.1355 and to grant an individual patta to him to an extent of 1.43 acres in Survey No.80/1 situated at Kallal Village. Since no action has been taken on the side of the respondents, the petitioner has filed the present Writ Petition.

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3.The learned Additional Government Pleader appearing for the respondents had produced a copy of the proceedings of the fifth respondent in Na.Ka.No.A5/10867/2016, dated 29.08.2020, wherein, the fifth respondent had rejected the claim of the petitioner and the same has also been communicated to the petitioner. Under such circumstances, the learned Additional Government Pleader submitted that nothing survives for further adjudication in the present Writ Petition.

4.In view of the submission made by the learned Additional Government Pleader, this Writ Petition is dismissed as infructuous. The learned Additional Government Pleader shall serve the copy of the proceedings to the learned counsel for the petitioner. If the petitioner is aggrieved by the aforesaid order dated 29.08.2020, it is open to him to challenge the same in the manner known to law, if he is so advised. No costs. Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) ps 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 Commissioner, Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Special Officer, Tamil Nadu Boomi Dhana Board, Chennai - 5.

3.The District Collector, Sivagangai District.

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4.The Revenue Divisional Officer, Sivagangai.

5.The Tahsildar, Karaikudi.

+1 CC to SGP ( SR-15557[F] dated 01/09/2020 ) Order made in Dated:

31.08.2020 KM (07.09.2020) 3P 7C 3/3