Madras High CourtWP(MD)/18932/2021disposed of

Sundara Mahalingam v. The Commissioner

2021-10-25Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY and W.M.P(MD)Nos.15753, 15757, 15759, 15770 and 15771 of 2021 W.P(MD)No.18932 of 2021:

Sundara Mahalingam 1/7

patta to him by re-classifying his possessed lands and its extent of 0.00.92 sq. mtrs., situated in Survey No.264/12B2 of Kottampatty W.P(MD)No.18933 of 2021:

Murugesan patta to him by re-classifying his possessed lands and its extent of 2/7

0.00.92 sq. mtrs., situated in Survey No.264/12B2 of Kottampatty W.P(MD)No.18934 of 2021:

Kamila patta to her by re-classifying her possessed lands and its extent of 0.00.40 sq. mtrs., situated in Survey No.264/12B2 of Kottampatty 3/7

W.P(MD)No.18935 of 2021:

Rajeswari Melur Taluk, Madurai District.

patta to her by re-classifying her possessed lands and its extent of 0.00.24 sq. mtrs., situated in Survey No.264/12B2 of Kottampatty 4/7

W.P(MD)No.18936 of 2021:

N.Nagarajan patta to him by re-classifying his possessed lands and its extent of 0.00.64 sq. mtrs., situated in Survey No.264/12B2 of Kottampatty 5/7

COMMON ORDER [Order of the Court was made by M.DURAISWAMY, J.] The petitioners have filed the above writ petitions to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order of the sixth respondent, dated 27.09.2021 and to quash the same and consequently, to direct the second respondent to issue patta to them by re-classifying their possessed lands situated in Survey No.264/12B2 of Kottampatty Village, Melur Taluk, Madurai District, in accordance with law. 2.The sixth respondent, after taking into consideration the case of the petitioners, categorically held that the petitioners are encroachers in respect of the lands in question. In respect of the adjoining land, this Court, by order, dated 07.10.2021 in W.P(MD) No.18301 of 2021, declined to interfere with the order passed by the authority and dismissed the Writ Petition.

3.When the above writ petitions were taken up for hearing, Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents submitted that the respondents 5 and 6 had already removed the encroachments and taken possession of the lands in dispute.

Since the authorities have already removed the encroachments, we do not find any reason to interfere with the order passed by the sixth respondent.

4.Accordingly, the Writ Petitions are dismissed. However, in the event of the petitioners giving representations to the District Collector for rehabilitation, it is open to the second respondent-District Collector, to take a decision on the representations to be submitted by the petitioners in accordance with law. There will be no order as to costs. Consequently, W.M.P (MD)Nos.15753, 15757, 15759, 15770 and 15771 of 2021 are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) RM/MR 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.

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To +5 CC to M/s.NA.PALANIYANDI, Advocate ( SR-32634,SR-32635,SR32636,SR-32637,SR-32638[F] dated 26/10/2021 ) +1 CC to M/s.SPL.GP ( SR-32584,SR-32838[F] dated 26/10/2021 ) and W.M.P(MD)Nos.15753, 15757, 15759, 15770 and 15771 of 2021 25.10.2021 RD/UV(29.10.2021) 7P 13C 7/7