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Madras High CourtWP(MD)/23192/2024dismissed

Krishnaveni v. The Commissioner

2024-10-15Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.19647 of 2024 Krishnaveni ... Petitioner -vs1.The Commissioner, Land Administration, Chepauk, Chennai.

2.The District Collector/Chairman Monitory committee, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Sankarankovil Revenue Division, Tenkasi District.

4.The Tahsildar, Thiruvenkatam Taluk Office, Tenkasi District.

5.The Block Development Officer, Guruvikulam Panchayat Union, Tenkasi District.

6.The Village President, Sevalkulam Village Panchayat, Sevalkulam, Thiruvenkatam Taluk, Tenkasi District.

7.Subburaj 8.Rajeswari ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to take appropriate action as against the 7th and 8th respondent to unauthorized construction of a house in Survey No.1650/15, situated at Gopalakrishnanpuram Village, Sevalkulam Post, Thiruvenkatam Taluk, Tenkasi District, based on the petitioner's representation dated 27.08.2024. For Petitioners : Mr.P.Muthusamy For Respondents 1 to 6 : Mr.P.Thilak Kumar Government Pleader For Respondents 7 & 8 : Mr.R.J.Karthick

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 6. Mr.R.J.Karthick, learned counsel takes notice for the respondents 7 and 8.

2.The petitioner would claim that the land in Survey No.1650/15 is Government Poramboke and the respondents 7 and 8 are putting up construction unauthorizedly in the Government land. 3.Mr.R.J.Karthick, learned counsel appearing for the respondents 7 and 8 has produced an assignment order made as early as on 13.08.2018,

wherein it is shown that an extent of about 140 square metres in Survey No. 1650/15, has been assigned to one Vignesh, son of Mr.Pandarasamy. 4.The proceedings of the Tahsildar, Thiruvengadam, dated 11.08.2018, have also been produced, wherein lands in Survey Nos. 1650/14, 1650/15, 1650/8 and 1650/9 have been surveyed and patta has been issued to 60 individuals. A plan showing the respective allotments have also been placed before us. Even from the type set filed by the petitioner, it could be seen that the petitioner has objected to assignment of land to the individuals concerned.

5.In the light of the above factual position, it is clear that the claim of the petitioner that construction is being put up in the Government land is incorrect. If the petitioner is aggrieved by the grant of assignment, it is upto him to challenge the same in a manner known to law. 6.The Writ Petition is therefore, dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 15.10.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn

To 1.The Commissioner, Land Administration, Chepauk, Chennai.

2.The District Collector/Chairman Monitory committee, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Sankarankovil Revenue Division, Tenkasi District.

4.The Tahsildar, Thiruvenkatam Taluk Office, Tenkasi District.

5.The Block Development Officer, Guruvikulam Panchayat Union, Tenkasi District.

6.The Village President, Sevalkulam Village Panchayat, Sevalkulam, Thiruvenkatam Taluk, Tenkasi District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 15.10.2024