Jeyaseeli v. The Add Chief Scretary/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Jeyaseeli ... Petitioner Vs.

1.The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Chennai-5.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The District Revenue Officer, Virudhunagar District, Virudhunagar.

4.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

5.The Tahsildar, Vembakkottai Taluk, Virudhunagar District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the second respondent to re-assign the land measuring an extent of 0.37.0 ares comprised in Survey No.72/1 at Kananjamptti Village, Vembakottai Taluk, Virudhunagar District, to the petitioner after receiving the cost of the land on par with market value of the land by considering the petitioner's representation dated 07.07.2020. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Lingadurai, Government Advocate

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to re-assign the subject property in favour of the petitioner after considering the representation made by the petitioner on 07.07.2020.

2. Heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.

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3. In the considered view of this Court, the petitioner does not have any legal right to seek for the re-assignment of the land. It is seen from records that the land was originally assigned in favour of the petitioner in the year 1993 and thereafter, it was cancelled by the proceedings of the fourth respondent on 14.05.2004. This cancellation was subsequently confirmed in the appeal and revision.

4. The petitioner, thereafter, made a representation to the respondents seeking for re-assigning the land.

5. In the considered view of this Court, the petitioner does not have any legal right to demand for the re-assignment of the land. The respondents also do not have any corresponding legal duty. Therefore, a Mandamus can never by issued in a case of this nature.

6. In the result, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Chennai-5. 2.The District Collector, Virudhunagar District, Virudhunagar.

3.The District Revenue Officer, Virudhunagar District, Virudhunagar.

4.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

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5.The Tahsildar, Vembakkottai Taluk, Virudhunagar District.

+1 CC to M/s.GP ( SR-23521[F] dated 22/07/2021 ) 20.07.2021 SR(CO) LR(30.07.2021) 3P 7C 3/3