Madras High CourtWP(MD)/249/2016dismissed

V. Annam v. The State Of Tamil Nadu

2017-07-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD).No.249 of 2016 and W.M.P(MD)No.189 of 2016 V.Annam : Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Revenue Department, Fort St.George, Chennai-600 009.

2.The Collector, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, Dindigul District.

4.The Tahsildar, Dindigul East Taluk, Dindigul District.

5.The Municipal Commissioner, Dindigul Town, Dindigul District, Dindigul.

6.The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance), Dindigul District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to issue a patta in the petitioner's name in respect of Survey No.1769/1, Door No.207/1, East Gopal Nagar, Siluvathur Salai, Y.M.R.Patti, Balakrishnapuram Village, Dindigul East Taluk, Dindigul District measuring 850 sq.ft.

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For Petitioner : No Appearance For R1 to R4 and R6 : Mr.C.Selvaraj Spl.Govt. Pleader For 5th Respondent : Mr.J.Lawrance

O R D E R

******** This Writ Petition is filed for issuance of Writ of Mandamus directing the fourth respondent to issue a patta in the name of the petitioner in respect of Survey No.1769/1, Door No.207/1, East Gopal Nagar, Siluvathur Salai, Y.M.R.Patti, Balakrishnapuram Village, Dindigul East Taluk, Dindigul District measuring 850 sq.ft.

2.Heard Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents 1 to 4 & 6 and Mr.J.Lawrance, learned Counsel takes notice for the fifth respondent. 3.Learned counsels appearing for the respondents would submit that the land in Survey No.1769/1, D.No.207/1, Balakrishnapuram Village, Dindigul East Taluk has been classified as Kulam Poramboke. Therefore, as per the decision of this Court, respondents have no authority to issue patta in favour of the petitioner and hence, the request of the petitioner was already rejected on 10.11.2016. Learned counsels have also produced the order copy.

4.In view of the above fact, further adjudication in this writ petition is not necessary. Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Secretary, Revenue Department, Fort St.George, Chennai-600 009.

2.The Collector, Dindigul District, Dindigul. 3.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul, Dindigul District.

4.The Tahsildar, Dindigul East Taluk, Dindigul District. 5.The Municipal Commissioner, Dindigul Town, Dindigul District, Dindigul.

6.The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance), Dindigul District.

+2ccs to Mr.J.Lawrance, Advocate, SR.Nos.65548 and 66041 +One cc to The Special Government Pleader, SR.No.65760 am/sss RL/10C/2P/JC/SAR1/3/8/2017 W.P.[MD].No.249 of 2016 14.07.2017 https://hcservices.ecourts.gov.in/hcservices/