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Madras High CourtWP(MD)/17445/2021dismissed as infructuous

Pandeeswari v. The District Collector

2021-09-28Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Pandeeswari ... Petitioner in W.P.(MD)No.17445 of 2021 Jothi ... Petitioner in W.P.(MD)No.17446 of 2021 Murugathal ... Petitioner in W.P.(MD)No.17449 of 2021 Selvarani ... Petitioner in W.P.(MD)No.17450 of 2021 Sajitha ... Petitioner in W.P.(MD)No.17451 of 2021 Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Palani Taluk, Dindigul District.

3.The Special Tahsildar, Adi Dravidar Welfare, Palani Taluk, Dindigul District.

4.The Taluk Surveyor, Palani Taluk, Dindigul District. ... Respondents in all Writ Petitions Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to carry out survey, measurement and demarcation of boundaries of the petitioners' assigned land in Plot Nos.141, 136, 138, 135 and 143, respectively, measuring to an extent of 3 cents each compromised in Survey No.636/2B situated at Kanakkanpatti Village, Palani Taluk, Dindigul District by 1/3

considering the representation dated 01.10.2020 and the reminder sent on 26.08.2021.

(in all W.Ps) For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.P.Subbaraj, Counsel for State.

COMMON ORDER In all these Writ Petitions, the respective petitioner seeks a survey, measurement and demarcation of boundaries in respect of assigned land bearing specific plot numbers.

2.Mr.P.Subbaraj, learned Counsel for the State, accepts notice on behalf of all the respondents. On instructions, he submits that the relevant assignment order issued to the respective petitioner was cancelled. He produces and relies upon a communication dated 08.07.2019 from the District Collector, Dindigul, in this regard. 3.The respective petitioner states that a copy of the communication dated 08.07.2019 was not provided to the respective petitioner earlier and, in fact, it is contended that no inquiry was conducted prior to the cancellation of such assignment. 4.In view of the cancellation of the assignment granted to the respective petitioner, nothing survives of these Writ Petitions. It would, however, be open to the respective petitioner to assail the order dated 08.07.2019 and the earlier order dated 18.03.2019 in accordance with law.

5.Subject to the above observations, W.P.(MD)Nos.17445, 17446, 17449, 17450 and 17451 of 2021 are dismissed as infructuous without any order as to costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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.

2/3

To:

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Palani Taluk, Dindigul District.

3.The Special Tahsildar, Adi Dravidar Welfare, Palani Taluk, Dindigul District.

4.The Taluk Surveyor, Palani Taluk, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-30590[F] dated 29/09/2021 ) 28.09.2021 MGJ(07.10.2021) 3P 6C 3/3