← Library
Madras High CourtWP(MD)/10177/2016dismissed as infructuous

Rajagopal, S/O.Pitchan, v. The District Collector,

2024-11-14Honourable Mrs Justice N. Mala6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA and W.M.P.(MD)No.7948 of 2016 Rajagopal ... Petitioner versus

1. The District Collector, Trichy District, Trichy.

2. The District Revenue Officer, Trichy District, Trichy.

3. The Thasildar, Taluk Office,

4. The President, M.Puthur Village Panchayat,

5. Thangammal

6. Amirtham 1/6

7. Selvam

8. Thangaponnu

9. Loganathan (R5 to R9 are impleaded vide order dated 05.10.2023 in W.M.P.(MD)No.

13632/2016 in W.P.(MD)No.10177 of 2016) ... Respondents Writ Petition filed under Article 226 of Constitution of India, seeking for the issuance of Writ of Mandamus, forbearing the respondents from continuing the construction of public service centre building of the 4th respondent in the petitioner's land in Survey No.114 and 115 in Melakaraikadu Village, Thottiyam Taluk, Trichy District. For Petitioner : Mr.V.Illanchezian For R1 to R3 : Mr.R.Ragavendran, Government Advocate For R4 : No appearance For R5 : died For R6 to R9 : Mr.M.Dinesh Hari Sudarsan

ORDER

This writ petition has been filed to forbear the respondents from continuing the construction of public service centre building of the 4th respondent in the petitioner's land in Survey Nos.114 and 115 in 2/6

Melakaraikadu Village, Thottiyam Taluk, Trichy District, based on his representation dated 28.05.2016.

2. The petitioner and his family members are in possession and enjoyment of the lands to an extent of 6.60 cents in Survey Nos.114 and 115 in Melakaraikadu Village, Thottiyam Taluk, Trichy District and they have been cultivating the said lands for more than 75 years. The petitioner's father, during his life time, submitted an application on 31.05.1996, seeking issuance of patta for the abovesaid lands in his favour. As there was no action on the said representation, the petitioner's father filed a writ petition in W.P.No.7835 of 1996, seeking a direction to the respondents therein to issue revenue patta for the abovesaid lands. This Court, by order dated 21.01.2004, disposed of the writ petition directing the respondents therein to pass appropriate orders on the application dated 31.05.1996, within a period of 10 weeks.

Despite the order of this Court, there was no action on the side of the respondents and therefore, the petitioner submitted a representation on 08.06.2015, seeking issuance of patta for the abovesaid lands. However, there was no response from the respondents and so, he filed a writ petition in W.P.(MD)No.

to issue patta based on his representation dated 08.06.2015. This Court, by order dated 17.06.2015, directed the 3rd respondent to consider the petitioner's representation dated 08.06.2015 within a period of six weeks from the date of receipt of a copy of the order. However, the 3rd respondent, without conducting proper enquiry and without considering the documents filed by the petitioner, passed an order dated 04.03.2016 rejecting the petitioner's claim. Challenging the same, the petitioner filed an appeal before the 2nd respondent on 19.04.2016 and the same is kept pending. While so, the 4th respondent started constructing a public service centre in the petitioner's land. Therefore, he submitted a representation on 28.05.2016, to the first respondent against the illegal act of the 4th respondent. Since the 4th respondent was continuing the construction work, the petitioner filed the present writ petition for the abovesaid relief.

3. The learned Government Advocate submits that the entire construction work was already completed and in that building, a Village Panchayat Service Centre is now functioning. Therefore, this writ petition has become infructuous.

4/6

4. Since the entire construction work was already completed and in that building, a Village Panchayat Service Centre is now functioning, this Court is of the view that the prayer in the writ petition has become infructuous.

5. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 14.11.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, Trichy District, Trichy.

2. The District Revenue Officer, Trichy District, Trichy.

3. The Thasildar, Taluk Office, 5/6

N.MALA, J., ogy

4. The President, M.Puthur Village Panchayat, 14.11.2024 6/6