Madras High CourtWP(MD)/16421/2021closed

Paramasivan M v. The Secretary

2021-09-13Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar3 pages

1 W.P(MD)NO.16421 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)NO.16421 of 2021 M. Paramasivan :Petitioner .vs.

1.The Secretary, Department of Revenue and Disaster Management, Secretariat, St. George Fort, Chennai - 09.

2. The Commissioner, Department of Revenue, Chepauk, Chennai - 5.

3. The District Collector, Collectorate, Thoothukudi District.

4. The Commissioner, Thoothukudi Corporation, Thoothukudi District.

5. The Assistant Director, District Land Survey Office, Collectorate, Thoothukudi District.

6. The Director, Vigilance and Anti - Corruption Wing, Aalandhur, Chennai - 16.

7. Justin Chelladurai.

8. Mr. Sivakumar

9. Mr. Palkannan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.3 to provide sanction U/s. 197 of Cr.P.C for taking appropriate action against the respondents Nos. 7 to 9, who issued bogus patta and sub-divided 82 plots in the name of a single person without getting prior approval U/s. 251, 252 and 254 of Thoothukudi Corporation Act, 2008, on the land belonging to Uppalam Area in Survey No. 94/1A, in Patta No.2428 in an extent of 1.98.5 hectares at Mullakkadu - Part I, Thoothukudi Taluk, Thoothukudi District

2 W.P(MD)NO.16421 of 2021 within the time stipulated by this Court.

For Petitioner :Mr.I.Pinaygash For Respondents :Mr.P.Thilak Kumar 1,2,3,5 and 6 Government Pleader For Respondent-8 :Mr. Angappan

O R D E R

************* [Order of the Court was made by M.DURAISWAMY.,J.] The petitioner has filed the above Writ Petition as a ''Public Interest litigation'', to issue a Writ of Mandamus, directing the third respondent to provide sanction under section 197 of the Criminal Procedure Code, for taking appropriate action against the respondents 7 to 9, who issued bogus patta and subdivided 82 plots in the name of a single person without getting proper approval under Section 251, 252 and 254 of Thoothukudi Corporation Act 2008, on the land belonging to Uppalam area in Survey No. 94/1A in patta No. 2428, measuring an extent of 1.98.5 hectares at Mullakkadu - Part I, Thoothukudi Taluk, Thoothukudi District.

2.When the Writ Petition is taken up for hearing Mr.P. Thilak Kumar, learned Government Pleader taking notice for the respondents 1, 2, 3, 5 and 6 submitted that the Sub-Collector Thoothukudi by order, dated 15.07.2021, had already cancelled the patta issued in favour of some individuals and therefore, the Writ Petition may be closed.

3.Mr.I.Pinaygash, learned Counsel appearing for the petitioner submitted that in view of the submission made by the learned Government Pleader, the Writ Petition may be closed. 4.Having regard to the submissions made by the learned Counsel appearing on either side, since the Sub-Collector, Thoothukudi, has already cancelled the patta issued in favour of some individuals, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn/lr 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

3 W.P(MD)NO.16421 of 2021 copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Secretary, Department of Revenue and Disaster Mangaement, Secretariat, St. George Fort, Chennai - 09.