Madras High CourtWP(MD)/23961/2016dismissed

A.Vasantha v. The Distirct Collector

2024-08-12Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA A.Vasantha .. Petitioner Vs.

1.The District Collector, O/o the District Collectorate Campus, Theni, Theni District.

2.The Commissioner, O/o the Commissioner, Theni-Alinagaram Municipality, Theni, Theni District.

3.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Periyakulam, Theni District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to restore the petitioner's land to an extent of 5 cents (2185.5 sq.ft) in Survey No.165/1 situated at Alinagaram Village, Theni Taluk, Theni District in terms of Section 37 that no such acquisition can be effected

after the expiry of three years from the date of issue of notification within the period that may be stipulated by this Court. For Petitioners :

Mr.C.Venkatesh Kumar For R1 & R3 :

Mr.D.S.Neduncheziyan Government Advocate For R2 :

Mr.G.Kaleeswaran

ORDER

The writ petition is filed for a Mandamus seeking a direction to the respondents to restore the petitioner's land to an extent of 5 cents (2185.5 sq.ft) in Survey No.165/1 situated at Alinagaram Village, Theni Taluk, Theni District in terms of Section 37 that no such acquisition can be effected after the expiry of three years from the date of issue of notification.

2. The learned counsel for the petitioner would submit that original suit has been filed in O.S.No.76 of 2016 and the same was dismissed after detailed trial on 18.09.2017. Challenging the same, an appeal has also been preferred. Hence, nothing survives for consideration in this writ petition.

3. In view of the above facts, nothing survives for consideration in this writ petition. Hence, this Writ Petition stands dismissed. No costs. 12.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, O/o the District Collectorate Campus, Theni, Theni District.

2.The Commissioner, O/o the Commissioner, Theni-Alinagaram Municipality, Theni, Theni District.

3.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Periyakulam, Theni District.

P.T.ASHA, J.

gbg 12.08.2024