Jayakumar.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)No.20234 of 2023 A.Jayakumar ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, 3.The Tahsildar, O/o. Tahsildar, 4.The Special Tahsildar, Natham Land Tax Scheme, 5.The Panchayat President, Kodikulam Panchayat, Usilampatti Taluk, Madurai District.

...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from evicting the petitioner and their family members from their patta land and it is adjacent land in Survey No. 116/7, situated at Kodikulam Village, Usilampatti Taluk, Madurai District without following the due process of law by considering the petitioner's representation dated 11.09.2023 within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For R1 to R4 : Mr.N.Satheesh Kumar, Additional Government Pleader For R5 : Mr.M.Senthil Ayyanar, Government Advocate

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the Writ Petition is to forbear the respondents from evicting the petitioner and his family members from their patta land. 2.The learned Additional Government Pleader for the respondents 1 to 4 brought to the notice of this Court that the petitioner is an encroacher in the Government land and action has been initiated to evict the encroacher. If at all the petitioner claims any of the portions is owned by him, then he has to approach the 2/4

competent civil Court of law for the purpose of establishing his title. As per the revenue records, the authorities competent have initiated action to remove the encroachments and to utilize the Government land for public purposes. More so, it is brought to our notice that the subject land has been identified for the purpose of allotment of free house site patta to landless Adi Dravida people. That being the case, the relief as such sought for in this Writ Petition is not entertainable. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S., J.) & (V.L.N., J.) 04.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

Yuva 3.The Tahsildar, O/o. Tahsildar, 4.The Special Tahsildar, Natham Land Tax Scheme, 5.The Panchayat President, Kodikulam Panchayat, Usilampatti Taluk, Madurai District.

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