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Madras High CourtWP(MD)/19891/2022disposed of

Madakaruppan v. The District Collector

2022-08-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.14484 of 2022 Madakaruppan ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Assistant Engineer, Periyar Primary Canal Section, Public Works Department (Irrigation), Madurai.

3.The Tahsildar, Madurai East Taluk, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to take appropriate action for the assignment of the land to the petitioner in the petitioner's village, namely, Ulaganeri Village at Madurai East Taluk, Madurai based on the petitioner's representation, dated 18.07.2022 within a time frame as fixed by this Court.

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For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner is going out his livelihood is a crematorium worker. He seeks assignment of land.

3. The learned Additional Government Pleader appearing for the respondents points out that the land which is presently in occupation of the writ petitioner has been classified as a waterbody. Therefore, it is possible for the authorities to assign the said land in favour of the writ petitioner. When this was pointed out, the learned counsel submitted that the petitioner may be granted some other Natham land by way of assignment. He had given representation dated 18.07.2022. It is for the first respondent to take a call in the matter and it is not for this Court to issue any positive direction. Leaving the matter to the discretion of the first respondent, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 26.08.2022 Index : Yes / No Internet : Yes/ No mga 2/4

To 1.The District Collector, Madurai District, Madurai.

2.The Assistant Engineer, Periyar Primary Canal Section, Public Works Department (Irrigation), Madurai.

3.The Tahsildar, Madurai East Taluk, Madurai.

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G.R.SWAMINATHAN, J.

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