Murugan.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2021

CORAM:

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI A.Murugan ...Petitioner Vs.

1.The District Collector, Collectorate, 2.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Kovilpatti Division, 3.The Tahsildar, Kayathar Taluk Office, 4.The District Surveyor, District Surveyor Office, Collecotrate Campus, Thoothukudi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of Mandamus to direct the respondent Nos.1 to 4 to conduct Survey and fix the boundary marks on the Government Natham Poramboke situated in S.F.Nos.452, 453/17, 456/6, 457/40 and 461/2 (2 Acre 25 cents) in Kalappaipatti Village, Kayathar Taluk, Thoothukudi District and take necessary steps to restore the Government Poramboke lands to enable utilization for the villagers as Bus stand, Veterinary Hospital, Drinking Water Tank, Amma Rural Youth Sports Centre, Kabadi Football Court, by considering the petitioner's representation dated 18.06.2021. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.R.Baskaran, Standing Counsel for Government

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM,J.] We have heard Mr.I.Pinaygash, learned counsel appearing for the petitioner, Mr.R.Baskaran, learned Standing counsel appearing for the respondents.

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2.The petitioner seeks for a direction upon the respondents to conduct Survey and fix the boundary marks on the Government Natham Poramboke situated in S.F.Nos.452, 453/17, 456/6, 457/40 and 461/2 (2 Acre 25 cents) in Kalappaipatti Village, Kayathar Taluk, Thoothukudi District and take necessary steps to restore the Government Poramboke lands to enable utilization for the villagers as Bus stand, Veterinary Hospital, Drinking Water Tank, Amma Rural Youth Sports Centre, Kabadi Football Court, by considering his representation, dated 18.06.2021.

3.The learned Standing Counsel for Government has produced written instructions given by the Tahsildar, Kayathar, dated 17.07.2021. The operative portion which reads as follows : 2/4

4.Since the encroachers have already filed writ petitions as mentioned above and obtained an order of stay, at this juncture, the prayer sought for by the writ petitioner cannot be issued, because the challenge to the eviction proceedings is pending by way of writ petition.

5.Therefore, we dispose of the writ petition by giving liberty to the petitioner to agitate his rights after the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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, Collectorate, 2.The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Kovilpatti Division, 3/4

3.The Tahsildar, Kayathar Taluk Office, 4.The District Surveyor, District Surveyor Office, Collecotrate Campus, Dated:

19.07.2021 MGJ(04.08.2021) 4P 5C 4/4