M.Palanichamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) No.14399 of 2020 (Through Video Conference) M.Palanichamy ... Petitioner Vs
1) The District Collector, Sivagangai District, Collectorate Complex, Sivagangai - 630 562
2) The Project Director (DRDA), Sivagangai District, Collectorate Complex, Sivagangai - 630 562
3) The Block Development Officer, O/o Block Development Office, S.Pudur, Sivagangai District, Pincode- 630 410
4) The Tahsildar, O/o Singampunari Taluk Office, Sivagangai District, Pincode - 630 502 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, restraining the respondents from interfering with the peaceful physical possession and enjoyment of petitioner's land in Survey No.122/13, 122/15 and 122/4 measuring 0.27.00 Ares, 0.04.00 Ares and 0.05.50 Ares of Land respectively and in total 0.36.50 Ares in Patta Number 1622 at Dharmapatti Revenue Village, Singampunari Taluk, Sivagangai District in the absence of due process of law.
For Petitioner : Mr.C.Masilamani For RR-1, 2 & 4 : Mr.C.Ramar, Additional Government Pleader For R-3 : Mr.K.P.Narayanakumar, Special Government Pleader
O R D E R
This writ petition has been filed for a Mandamus seeking to forbear the respondents from interfering with the peaceful possession and enjoyment of the petitioner in respect of his land in Survey No.122/12, 122/15 and 122/4 measuring 0.27.00 Ares, 0.04.00 Ares and 0.05.50 Ares of Land respectively and in total 1/3
0.36.50 Ares in Patta Number 1622 at Dharmapatti Revenue Village, Singampunari Taluk, Sivagangai District in the absence of due process of law.
2. Mr.C.Ramar, learned Additional Government Pleader accepts notice on behalf of the respondents 1,2, & 4 and Mr.K.P.Narayanakumar, learned Special Government Pleader accepts notice for the third respondent. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.
3. Mr.C.Ramar, learned Additional Government Pleader appearing on behalf of the respondents 1, 2, & 4, on instructions, would submit that that the road project, which is the subject matter in this writ petition, has been dropped. Hence, according to him, the apprehension of the petitioner is uncalled for. The claim of the petitioner is that the respondents are attempting to disturb the petitioner's peaceful possession and enjoyment of the aforementioned properties, which are patta lands exclusively owned by the petitioner.
4. Since the respondents have submitted before this Court that the road project, which is the subject matter of this writ petition has been dropped, the apprehension of the petitioner that the respondents are attempting to disturb the peaceful possession and enjoyment of the property by the petitioner is uncalled for.
5. Recording the submissions made by the learned Additional Government Pleader appearing for the respondents 1, 2, & 4, this writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected W.M.P.(MD) No.14399 of 2020 is closed.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) sts 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, Sivagangai District, Collectorate Complex, Sivagangai - 630 562
2) The Project Director (DRDA), Sivagangai District, Collectorate Complex, Sivagangai - 630 562
3) The Block Development Officer, O/o Block Development Office, S.Pudur, Sivagangai District, Pincode- 630 410
4) The Tahsildar, O/o Singampunari Taluk Office, Sivagangai District, Pincode - 630 502 +1 CC to M/s.SPL GP ( SR-24643[F] dated 09/12/2020 ) 07.12.2020 KUN(CO) KB(30.12.2020) 3P 6C 3/3