Madras High CourtWP(MD)/13094/2024dismissed

M.Machakalai v. The District Collector

2024-06-25Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2024 CORAM :

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI WP(MD)No.13094 of 2024 and WMP(MD)Nos.11606 & 11607 of 2024 M.Machakalai ... Petitioner vs.

1.The District Collector, Madurai District.

2.The Tahsildar, Madurai South Taluk, at Nagamalai Pudukottai, Madurai District.

3.The Executive Engineer, Public Works Department, Water Resource Organisation, Vaigai Main Channel Section, Sub Division - 2, Madurai District.

4.The Assistant Engineer, Public Works Department, Water Resource Organisation, Vaigai Main Channel Section, Sub Division - 2, Madurai District.

... Respondents

Prayer : Writ Petition filed under Article under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records issued in Form III dated 27.05.2024 Rule 6(1) issued by the fourth respondent and quash the same and further directing the second respondent to issue patta to the petitioner with respect to Survey No.5 of Vadivelkarai Puthukulam, Vadivelkarai, Madurai, Madurai District.

For Petitioner : Mr.S.Rabeek Raja For Respondents : Mr.M.Senthil Ayyanar, Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the impugned eviction notice issued by the fourth respondent. It is true that the petitioner is having an assignment order in his favour. But then, the assignment order pertains to Survey No. 7/1. Eviction is proposed to be held in respect of Survey No.5, Vadivelkarai Puthukulam Village.

3.Therefore, we are not inclined to interfere with the proposed eviction. If the authorities take action in respect of the assigned property, then and

then alone, cause of action will arise. This writ petition is dismissed. No costs. Connected miscellaneous petitions are closed. (G.R.S, J.) & (B.P, J.) 25.06.2024 Index : Yes / No Internet : Yes / No Skm To 1.The District Collector, Madurai District.

2.The Tahsildar, Madurai South Taluk, at Nagamalai Pudukottai, Madurai District.

3.The Executive Engineer, Public Works Department, Water Resource Organisation, Vaigai Main Channel Section, Sub Division - 2, Madurai District.

4.The Assistant Engineer, Public Works Department, Water Resource Organisation, Vaigai Main Channel Section, Sub Division - 2, Madurai District.

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

skm WP(MD)No.13094 of 2024 and WMP(MD)Nos.11606 & 11607 of 2024 25.06.2024