C.Santhi @ Perumayee v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.21488, 21490, 21491, 21492 and 21493 of 2023 C.Santhi @ Perumayee ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai.

3.The Tahsildar, North Taluk, Madurai.

4.The Assistant Engineer, Water Resources Department, Periyar River Basin Division, T.Andipatti, Madurai-2.

5.S.Balamurugan ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Form-II notice dated 22.04.2023 issued by 4th respondent and communication dated 21.09.2023 issued by the 3rd respondent and consequential notice dated 05.10.2023 issued by the 4th respondent in respect of the removal of the dwelling house of the petitioner lies in survey old survey number 294 in new survey number 69/1 and to quash the same as illegal and consequently directing the 3rd respondent to issue patta in the name of the petitioner to the extent of 1206 square feet in the very same survey number 69/1 old survey number 294 of Paravai-II bit revenue Village, North Taluk For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R4.

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 to 4. 2/4

2.The petitioner has since been vacated from the petition mentioned premises. The petitioner admittedly does not have any patta. The land in question has been classified as "tank bund" in the revenue record. Be that as it may, the petitioner has filed statutory appeal before the first respondent. The first respondent is directed to dispose of the same on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. We make it clear that we have not gone into the merits of the matter. 3.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 19.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias To:- 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai.

3.The Tahsildar, North Taluk, Madurai.

4.The Assistant Engineer, Water Resources Department, Periyar River Basin Division, T.Andipatti, Madurai-2.

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