Mariyammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Mariyammal ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi Taluk, Virudhunagar District.

3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to fix and receive the amount and consequently grant assignment patta for the properties in Survey No. 436 and 437 to an extent of 1 acres 85 cents respectively situated in Kariseri Village, Sivakasi Taluk, Virudhunagar District based on the recommendation in Na.Ka.Aa1/3107/2021 dated 13.02.2023 of the third respondent within the period that may be stipulated by this Court.

For Petitioner : Mr.V.G.Chezhiyan 1/4

For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed by the petitioner seeking for issuance of a Writ of Mandamus to direct the respondents to fix valuation and grant assignment patta to him based on the recommendation of the third respondent dated 13.02.2023.

2. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. It is the categorical submission of the learned counsel for the official respondents that the assignment in favour of the petitioner was cancelled by proceedings in Na.Ka.No.A4/371/2017, dated 17.03.2020.

4. The said cancellation has not been challenged by the petitioner and therefore, Writ of Mandamus simplicitor would not lie. Hence, no direction can be issued in the present writ petition as prayed for by the petitioners. This Writ Petition is therefore dismissed giving liberty to the petitioner to challenge the 2/4

proceeding dated 17.03.2020 cancelling the assignment, in a manner known to law. At this juncture, the learned counsel for the petitioner submitted that the said order of cancellation of the assignment has not been served on the petitioner. The respondents are therefore directed to serve copy of the said order of cancellation of assignment to the petitioner within a period of four(4) weeks from the date of receipt of a copy of this order and thereafter, it shall be open to the petitioner to challenge the same in accordance with law. No costs. 13.02.2025 Rmk NCC: Yes/No Index : Yes / No To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi Taluk, Virudhunagar District.

3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

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P.B.BALAJI , J.

Rmk 13.02.2025 4/4