Matchakalai, v. The Executive Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.7532 of 2017 Matchakalai ... Petitioner vs.

1. The Executive Engineer, Public Works Department/ Water Resources Department, Sarugani Aaru Vadinila Division, Sivagangai.

2. The Assistant Engineer, Public Works Department, Viraganur Regulator Section, Viraganur, Madurai-9.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to reclassify the land adjacent to the petitioner's patta land in Survey Nos.12/1 and 13/1 and grant the reclassified land 1/5

for lease/rent to the petitioner, so as to enable the petitioner to continue his agricultural activities in his patta land in Survey Nos.12/1 and 13/1 situated at Viraganur Village, Madurai South Taluk, Madurai District.

For Petitioner : Mr.N.Satheesh Kumar For R1 & R2 : Mr.K.Balasubramani Special Government Pleader

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents to reclassify the land adjacent to the petitioner's patta land in Survey Nos.12/1 and 13/1 and grant the reclassified land for lease/rent to the petitioner, so as to enable the petitioner to continue his agricultural activities in his patta land in Survey Nos.12/1 and 13/1 situated at Viraganur Village, Madurai South Taluk, Madurai District.

2.

Learned Special Government Pleader appearing for the respondents submitted that the District Collector is the competent 2/5

authority to consider the petitioner's prayer for re-classification of his patta land, but the petitioner has not approached the District Collector, whereas he has approached the respondents namely, Executive Engineer, Public Works Department/Water Resources Department, Sarugani Aaru Vadinila Division, Sivagangai and the Assistant Engineer, Public Works Department, Viraganur Regulator Section, Viraganur, Madurai, and therefore, the present writ petition is not maintainable.

3.

In view of the aforesaid submission, the Writ Petition is dismissed as not maintainable leaving it open to the petitioner to approach the authority concerned for his remedy. No costs. Connected miscellaneous petition is closed.

NCC : Yes / No [D.K.K.,J.] & [L.V.G.,J.] Index : Yes / No 21.02.2023 Internet : Yes bala 3/5

To

1. The Executive Engineer, Public Works Department/ Water Resources Department, Sarugani Aaru Vadinila Division, Sivagangai.

2. The Assistant Engineer, Public Works Department, Viraganur Regulator Section, Viraganur, Madurai-9.

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D.KRISHNAKUMAR , J.

and L.VICTORIA GOWRI , J.

bala ORDER MADE IN DATED : 21.02.2023 5/5