Kaleeswari, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.10668 of 2018 and WMP(MD) No.9758 of 2018 Kaleeswari,, ... Petitioner Vs
1. The District Collector,
2. The Revenue Divisional Officer, O/o. the District Collector Buildings,
3. The Tahsildar, Madurai South Taluk,
4. The Revenue Inspector,, Madurai District..
5. Kalyani,, W/o.Anthony, Block No.529, J.J.Nagar, Main Road, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to assign the land comprised in S.No.354/7, Block No.168, Thiruparankundram Village, Madurai to an extent of 2 metres wherein the house has been constructed by petitioners in pursuance of the assignment order dated 01.05.1994 and sale deed dated 06.12.2010 in petitioner's name taking into consideration petitioner's family and children on the basis of petitioner's representation dated 04.05.2018. For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.T.Amjad Khan for R1 to R3 Government Advocate No appearance for R5
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3.
2. The learned Advocate for the petitioner submits that the petitioner had constructed a building. However, according to the respondents, the same is beyond two meters of the area of the petitioner. The petitioner had sought assignment of the said area. The application is pending. The land in question is a natham poramboke land.
3. In case, the application of the petitioner for assignment of the land is pending with the authority, then the authority shall take a decision on merits and in accordance with law with the policy, preferably within six months from today.
4. The writ petition stands disposed of. However, there is no order as to costs. Consequently connected Miscellaneous Petition is closed.
[S.V.G., .C.J.] [L.V.G., J.] 01.12.2023 Index : Yes / No : Yes / No RR To:
1. The District Collector,
2. The Revenue Divisional Officer, O/o. the District Collector Buildings,
3. The Tahsildar, Madurai South Taluk,
4. The Revenue Inspector,, Madurai District..
THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI, J.
RR W.P.(MD)No.10668 of 2018 01.12.2023