Madras High CourtWP(MD)/14081/2015dismissed

Veeran @ Veerannan Muthiriyar v. The Assistant Commissioner

2023-08-31Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)Nos.1 & 2 of 2015 Veeran @ Veerannan Muthiriyar ... Petitioner Vs 1.The Assistant Commissioner, Land Reforms, Tiruchirapalli.

2.Manivel ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the first respondent in M.R.4/1261/58.61 dated 30.11.2010 and quash the same and consequently direct the second respondent to issue patta in name of the petitioner in respect of 4.70 acres situated in Survey No.12/2 in Nanjampatti Village, Thinnakonam Majara, Musiri Taluk, Trichy District.

For Petitioner : Mr.H.Arumugam 1/4

For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 Mr.S.Ramesh for R.2

ORDER

Heard the learned counsel on either side.

2. The petitioner challenges the assignment order issued in favour of the second respondent.

3. The petitioner had come out with the case that this property was assigned in his favour.

4. I called upon the learned counsel appearing for the writ petitioner to produce a copy of any assignment order issued in his favour. The matter was adjourned to enable the petitioner's counsel to do so. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner expressed his inability.

5. It is also submitted by the learned Additional Government Pleader as well as the learned counsel appearing for the second respondent that the suit for 2/4

permanent injunction filed by the petitioner suffered dismissal (O.S.No.224 of 2009) on the file of the District Munsif Court, Musiri on 31.10.2017. Aggrieved by the same, the petitioner had filed A.S.No.178 of 2018 on the file of the Sub Court, Trichy. It was dismissed for non-prosecution on 16.03.2021. It appears that the appeal is yet to be restored to file. In these circumstances, the question of interfering with the impugned order does not arise.

6. This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 31.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To The Assistant Commissioner, Land Reforms, Tiruchirapalli.

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G.R.SWAMINATHAN, J.

MGA 31.08.2023 4/4