Subramaniyan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Subramaniyan ... Petitioner -vs1.The District Revenue Officer Thanjavur District 2.The Thasildhar Pabanasam Taluk Thanjavur District 3.The Revenue Inspector Saliamangalam Thanjavur District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent to consider the petitioner's representation dated 27.09.2022.

For Petitioner :

Mr.Thiruvarutselvan.G.

For Respondents :

Mr.N.GA.Nataraj Government Advocate

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 27.09.2022, to permit him in the land in Survey No.78/2 of Jambukambalpuram-II Revenue Village, Pabanasam Taluk, Thanjavur District, either as leaseholder or tenant, considering his long possession of more than thirty years over the subject land.

2. Mr.N.GA.Nataraj, learned Government Advocate, who takes notice for the respondents 1 to 3, on instructions, submitted that the claim made by the petitioner is barred by res judicata, inasmuch as the petitioner has already approached this Court by filing a writ petition in W.P.(MD) No. 14031 of 2022 seeking direction to issue patta in respect of the said land and this Court, finding that the subject land is classified as a water body and already notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 has been issued to the petitioner, by order dated 08.07.2022, dismissed the said writ petition and directed the authority concerned to consider the objections of the petitioner and then proceed further with the removal of encroachment.

3. At this juncture, the learned counsel for the petitioner sought permission of this Court to withdraw the writ petition and he has also made an endorsement to that effect.

4. Recording the endorsement so made, the writ petition is dismissed as withdrawn. No costs.

[R.M.D., J.] [J.S.N.P., J.] 01.11.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Revenue Officer, Thanjavur District.

2.The Thasildhar, Pabanasam Taluk, Thanjavur District.

3.The Revenue Inspector, Saliamangalam, Thanjavur District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 01.11.2022