A. Sakthivel v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR A.Sakthivel ... Petitioner -vs1.The Commissioner Land Reforms Ezhilagam Chepauk, Chennai-5 2.The Assistant Commissioner Land Reforms, Race Course K.Pudur, Madurai-7 3.The District Collector Dindigul District 4.Semalai Gounder 5.Ponnusamy 6.Vellachamy 7.Ramasamy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to hold an enquiry based on the petitioner's representation dated 03.12.2015 to cancel the assignment granted in favour of the respondents 4 to 7 in Survey No.298/1 at Rajampatti Village, Palani Taluk, by the second respondent through his proceedings in M.R.IV.No.325/PLN/B2, dated 29.02.1996.

For Petitioner :

Mr.D.Venkatesh For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3 Mr.M.P.Senthil for R4 to R7

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the second respondent to hold an enquiry based on the petitioner's representation dated 03.12.2015 to cancel the assignment pattas granted by him vide proceedings in M.R.IV.No. 325/PLN/B2, dated 29.02.1996, in favour of the respondents 4 to 7 in respect of the land comprised in Survey No.298/1 of Rajampatti Village, Palani Taluk.

2. The Revenue Divisional Officer, Palani, has filed a counter affidavit stating that the assignment order dated 29.02.1996, passed by the Assistant Commissioner, Land Reforms, Madurai, has been set aside by the Commissioner, Land Reforms, Chennai, vide proceedings dated 04.04.2001 and aggrieved by the cancellation of assignment, the assignees, including the respondents 4 to 7 herein, have filed review before the Government, under Rule 11(4) of the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965, on 17.05.2001.

3. In the light of the above order dated 04.04.2001, passed by the Commissioner, Land Reforms, Chennai, setting aside the assignment order dated 29.02.1996, passed by the Assistant Commissioner, Land Reforms, Madurai, the relief sought for by the petitioner has become infructuous and the writ petition is dismissed as infructuous. No costs. [D.K.K., J.] [R.V., J.] 02.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Commissioner, Land Reforms, Ezhilagam, Chepauk, Chennai-5.

2.The Assistant Commissioner, Land Reforms, Race Course, K.Pudur, Madurai-7.

3.The District Collector, Dindigul District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 02.01.2024