S.P.Mounagurusamy, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.4205 to 4207 of 2016 S.P.Mounagurusamy
...Petitioner in
WP(MD) No.4205/2016 A.S.Palani Andavar
...Petitioner in
WP(MD) No.4206/2016 S.P.Subramaniaraja
...Petitioner in
WP(MD) No.4207/2016 Vs 1.The District Collector, Theni,Theni District.
2.The President, B.Anaikaraipatti Panchayat, Bodinayakkanur Taluk, 3.The District Level Committee, O/o District Collector,Theni, 1/5
4.The Sub Divisional Committee, O/o District Collector, Theni,
...Respondents in all WPs
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to convene the Grama Saba and evaluate the representation by the petitioners dated 28.12.2015 and consequently forward the same to the fourth respondent constituted under Schedule Tribes and other Traditional Forest Dwellers (Recognitions of Forest Rights) Act, 2006. For Petitioners :Mr.C.Venkatesh Kumar for Mr.A.Velan For R1, R3 & R4 :Mr.Ramachandran Additional Government Pleader For R2 :Mr.A.K.Manickam (In all WPs) C O M M O N O R D E R The petitioners submitted a representation to the second respondent/ Panchayat to convene a Grama Sabha Meeting and to recommend for issuance of a patta with regard to the lands in Old 2/5
Survey No.400, New Survey No.400/2, Vadakkumalai Village, Bodinaickanaur, in favour of the petitioners. Since the same has not been considered, the petitioners have approached this Court for a Mandamus to convene a Grama Saba meeting based on their representations, dated 28.12.2015.
2.Today(05.06.2023), when this writ petition is taken up for hearing, the learned counsel appearing for the second respondent Panchayat submits that the Grama Saba meeting was conducted subsequent to filing of these writ petitions and the petitioners' representations were considered. Since the petitioners' representations were to grant patta with regard to the forest land, it is not feasible to grant a patta under the Scheduled Tribes and other Traditional Forest Dwellers (Recognitions of Forest Rights) Act, 2006 and hence the petitioners' representations were rejected in the Grama Sabha Meeting.
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3.Recording the submission made by the learned counsel for the second respondent, these writ petitions are closed. No costs. 05.06.2023 NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn To 1.The District Collector, Theni,Theni District.
2.The President, B.Anaikaraipatti Panchayat, Bodinayakkanur Taluk, 3.The District Level Committee, O/o District Collector,Theni, 4.The Sub Divisional Committee, O/o District Collector, Theni, Theni District.
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B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.4205 to 4207 of 2016 05.06.2023 5/5