M. Kala, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.20404 of 2014 M.Kala ..... Petitioner - Vs1. The District Collector, Collectorate, Madurai District.

2. The Tahsildar, Madurai South Taluk, Madurai District.

3. The Revenue Inspector, Revenue Inspector Office, Nagamalai Puthukottai, Madurai District.

... 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 hand over the possession of the land assigned to the petitioner in Survey No.36/3, in Keelamathikatinam Village, Madurai South Taluk, Madurai District after proper demarcation within the time frame fixed by this Court.

1/5

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

This writ petition has been filed seeking for a Writ of Mandamus, to direct the first respondent to hand over the possession of the land assigned to the petitioner by way of assignment in proceedings in Na.Ka.No. 23904/2010, dated 15.09.2010.

2. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents relied upon the counter affidavit filed by the second respondent and submitted that the order of the assignment issued in favour of the various persons including the petitioner were cancelled by the Revenue Divisional Officer, Madurai in his proceedings in R.C.No.3931/2014-C, dated 18.12.2014. This claim is contested by the learned counsel appearing for the petitioner stating that no such proceedings have been served upon the petitioner. He would further submit that the proceedings have been issued in violation of principles of natural justice and they will have to be set aside. 2/5

4. Since as per the statement made by the learned Special Government Pleader, the order of assignment, based upon which the petitioner seeking relief in the writ petition, has already been cancelled and that the said order has not been served upon them, the second respondent herein is directed to furnish a copy of the order of the Revenue Divisional Officer, dated 18.12.2014 in R.C.No.3931/2014-C to the petitioner within a period of two weeks from the date of receipt of a copy of this order, if he is so advised, the petitioner is at liberty to challenge the same in the manner known to law.

5. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

02.03.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The District Collector, Collectorate, Madurai District.

2. The Tahsildar, Madurai South Taluk, Madurai District.

3. The Revenue Inspector, Revenue Inspector Office, Nagamalai Puthukottai, Madurai District.

4/5

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 20404 of 2014 02.03.2023 5/5