Madras High CourtWP(MD)/1165/2014dismissed

K.Sundary v. The Govt Of Tamilnadu

2021-11-12Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.1165 of 2014 and M.P.(MD).No.1 of 2014 K.Sundary ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by the Secretary, Adi Dravidar Welfare Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Special Tahsildar, (Adi Diravidar Welfare) Land Acquisition, Cheranmahadevi, Tirunelveli District.

4.A.Moosu ... Respondents (Respondent No.4 impleaded vide Court order dated 05.11.2015 in M.P.(MD).No.2 of 2014) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the third respondent to acquire the land in Survey Nos.176/1B, 176/2A2, 178/1A1, 179/1B, 179/2A, 179/2B and subsequently issue a fresh patta to the petitioner within the time period stipulated by this Court.

For Petitioner : Mr.M.Maran For R-1 to R-3 : Mr.D.Gandhiraj Special Government Pleader

ORDER

The Writ Petition has been pending on the board of this Court for the past 7 years. The relief sought for in the Writ Petition is quite wide in nature. It is for the Mandamus directing 1/3

the third respondent/ the Special Tahsildar, (Adi Diravidar Welfare), Land Acquisition, Cheranmahadevi, Tirunelveli District to acquire the lands in Survey Nos.176/1B, 176/2A2, 178/1A1, 179/1B, 179/2A, 179/2B and thereafter issue patta to the petitioner herein.

2. This in fact means that the petitioner seeks a direction against the Government, pointing out a parcel of land and asking the Government to acquire the same and issue the same to the petitioner herein. It is not known whether the writ petitioner is still insisting in maintaining the Writ Petition. The Writ Petition is therefore dismissed. However, if the petitioner has acquired further rights, she may come forward and file a fresh Writ Petition but it can be very well stated that the petitioner cannot direct the Government to acquire any piece of land belonging to any other individual.

3. Mr.D.Gandhiraj, learned Special Government Pleader, takes notice on behalf of the respondents 1 to 3.

4. With the above observations, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm 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.

To 1.The Secretary, Government of Tamil Nadu, Adi Dravidar Welfare Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Tirunelveli District, Tirunelveli.

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3.The Special Tahsildar, (Adi Diravidar Welfare) Land Acquisition, Cheranmahadevi, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-34454[F] dated 15/11/2021 ) W.P(MD)No.1165 of 2014 12.11.2021 TR/SKN(25.11.2021) 3P 5C 3/3