Mahadevi.P v. Kalanthar Ashik Ahamed I
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Rev.Apl.W.(MD)No.SR41845 of 2023 in W.P.(MD)No.26946 of 2022 1.P.Mahadevi 2.K.Kaliyammal 3.Periyasamy 4.Santhi 5.M.Prema 6.K.Vijaya 7.R.Sanmugavalli 8.R.Kottaiyammal 9.R.Backyalakshmi 10.M.Rani 11.Paritha Beevi 12.Selvamary 1/6
13.Fathima 14.M.Mohamed Naina 15.N.Ramachandran 16.R.Leelavathi 17.K.Muthurakku 18.K.Umarani 19.Salavudeen Badhusha 20.Annapooranam 21.Pitchaimmal ... Petitioners Vs 1.I.Kalanthar Ashik Ahamed 2.The District Collector, Office of the District Collector, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 4.The Thasildar, 5.The Block Development Officer, Thondi Union Office, 2/6
6.The Executive Officer, Thondi Panchayat, 7.J.Saigul Akbar 8.Sajitha Parveen ... Respondents Prayer in W.M.P.(MD)No.13813 of 2023: Writ Miscellaneous Petition is filed under Article 226 of Constitution of India, to grant leave to file the above review as against the order dated 11.04.2023 made in WP(MD).No.26946 of 2022 pending disposal of the above Review Petition.
Prayer in Rev.APL.W.(MD)No.SR41845 of 2023: Review Application is filed under Order XLVII, Rules 1 and 2 of the Civil Procedure Code r/w. Section 114 of C.P.C, to review the order dated 11.04.2023 in W.P.(MD)No.26946 of 2022.
For Petitioners : Ms.H.Jasima Yasmin, For M/s.Ajmal Associates.
For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.K.Balasubramani, Spl. Government Pleader for R2 to R6.
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O R D E R
Heard the learned counsel for the petitioners and the learned Special Government Pleader for the official respondents. 2.The petitioners seek leave to review the order dated 11.04.2023 passed by us in W.P.(MD)No.26946 of 2022. Paragraph No.5 of the said order reads as follows:- "5. We direct the official respondents to take effective follow up measures. Of-course, the official respondents will comply with the principles of natural justice and keep in mind due process of law while implementing the decision to remove the encroachment. We also direct the first respondent to revisit the issue of reclassification and issuance of patta made in the year 2000. Notices shall be issued to the persons concerned. If it is found out that ineligible persons have been issued with patta, the same shall be cancelled after following due process of law.
The endeavour of the official respondents should be to restore the original character of the Salaikulam whose extent was 1.76.5 hectares. The removal of encroachment of the persons already mentioned in the status report will be carried out within a period of sixteen weeks from the date of receipt of a copy of this order.
Registration Department shall not register any transaction pertaining to Survey No.88/3, Thondi Village. The first respondent is directed to communicate this direction to the jurisdictional Sub Registrar."
3.We are of the view that no case for review of the said order has been made out. If the petitioners feel aggrieved, it is always open to the petitioners herein to file an independent writ petition and their case will be considered on its own merits.
4.With this liberty to the petitioners, this miscellaneous petition is dismissed. Consequently, the review application is also dismissed at the SR stage itself. No costs.
(G.R.S.J.,) & (B.P.J.,) 19.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 5/6
G.R.SWAMINATHAN, J.
and B.PUGALENDHI, J.
ias To:- 1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 3.The Thasildar, 4.The Block Development Officer, Thondi Union Office, 5.The Executive Officer, Thondi Panchayat, in Rev.Apl.W.(MD)No.SR41845 of 2023 in W.P.(MD)No.26946 of 2022 19.10.2023 6/6