A.Kannaki v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA and W.M.P(MD)No.19568 of 2024 A.Kannaki ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Ramanathapuram District.

2.The Sub Collector, Paramakudi Taluk, Ramanathapuram District.

3.The Revenue Thasildar, Muthukulathur Taluk, Ramanathapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent, dated 19.06.2024 in proceedings Ni.Mu. (B8)/34535/2023 quash the same, as the same is arbitrary, ultravires and consequentially direct the third respondent to assign land to the petitioner on 1/4

the basis of the order passed by the second respondent in the proceedings in Na.Ka.A6/10925/2016, dated 02.06.2023 and to pass such other further order or orders as this Court.

For Petitioner : Mr.S.Senthil Kumar For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The present writ petition has been filed to quash the order, dated 19.06.2024 passed by the first respondent and consequently, directing the third respondent to assign land to the petitioner on the basis of the order passed by the second respondent in the proceedings in Na.Ka.A6/10925/2016, dated 02.06.2023.

2. The learned Additional Government Pleader for the respondents produced a communication, dated 27.09.2024 sent by the Sub-Collector, Paramakudi to the learned Government Advocate setting out that the property in question has never been in the possession of the petitioner and despite several opportunities, the petitioner has not produced proof of being in possession of the assigned lands. The files inspection shows the same to be 2/4

vacant with overgrown Karuvela tree. Therefore, in view of the violation of the conditions of assignment, the assignment was cancelled and the impugned order passed. I see no infirmity in the order.

3. In the result, the writ petition stands dismissed. There shall be no order as to costs.

27.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Collector, Collectorate Campus, Ramanathapuram District.

2.The Sub Collector, Paramakudi Taluk, Ramanathapuram District.

3.The Revenue Thasildar, Muthukulathur Taluk, Ramanathapuram District.

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P.T.ASHA , J.

BTR 27.09.2024 4/4