Madras High CourtWP(MD)/18442/2015dismissed

S.Kannan, v. The Government Of Tamilnadu

2023-07-25Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.2 of 2015 1.S.Kannan 2.R.Sangaiah 3.K.Karupayee 4.A.Muthukumar 5.S.Ramar 6.M.Nagarajan 7.K.Arumugam 8.Karuppanan 9.R.Ravi 10.A.Marimuthu 11.N.Chinraj 12.J.Joseph 13.K.Viji 1/5

14.S.Nadimuthu 15.P.Rajangam 16.P.Lakshmanan 17.D.Selvam 18.D.Vellaiyammal 19.K.Muthupetchi 20.A.Sankar 21.R.Jothi Lakshmi 22.P.Arasi 23.A.Murugan 24.N.Mahalingam 25.P.Palani 26.P.Kannan ... Petitioners Vs.

1.The Government of Tamil Nadu, represented by its Principal Secretary, Revenue Department, Fort St.George, Chennai-600 009.

2.The District Collector, Madurai District, Collectorate, Madurai-20.

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3.The Tahsildar, Taluk Office, Madurai North Taluk, Madurai.

4.The Executive Engineer, Public Works Department, Periyar Vaigai Basin, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to issue patta in favour of the petitioner s name for occupied house site situated in government promboke more particularly near to the Parasurampatti Kanmoi, Kannanenthal Village, Madurai District as per G.O.Ms. No.854 Revenue Department dated 30.12.2006 and consequential F.O.Ms.No.142 Revenue Department dated 23.05.2013.

For Petitioners : Mr.M.Saravanakumar For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner seeks issuance of patta. The learned Additional Government Pleader, on instructions, from the jurisdictional VAO Mrs.Abirami submitted that the site occupied by the petitioners is a part of water body and that the encroachments had 3/5

already been removed and therefore, the question of issuing patta does not arise at all.

3. In view of the said submission, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 25.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Principal Secretary, Revenue Department, Fort St.George, Chennai-600 009.

2.The District Collector, Madurai District, Collectorate, Madurai-20.

3.The Tahsildar, Taluk Office, Madurai North Taluk, Madurai.

4.The Executive Engineer, Public Works Department, Periyar Vaigai Basin, Madurai.

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G.R.SWAMINATHAN, J.

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