Madras High CourtWP(MD)/25991/2023disposed of

K.Kathiresan v. The District Collector

2023-10-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.22368 of 2023 K.Kathiresan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildhar (ADW) Adi-Dravidar Welfare Office, Sivagangai.

3.The Tahsildhar, Thiruppuvanam Taluk Office, Thiruppuvanam.

4.The Deputy Surveyor, Thiruppuvanam Taluk Office, Thiruppuvanam.

5.S.Sarangapani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 to take possession of the acquired property in S.No. 1/4

56/1, in an extent of 5 acre 30 cents (2.15 hectares) out of 67.07 acres as described boundary in the first respondent 4(1) notification dated 07.03.1998 in respect of petitioner's Pappanvalasai Village, Poovanthi group, Tiruppuvanam Taluk, Sivaganga District in accordance with law. For Petitioner : Mr.G.Jeremiah John For R1 to R4 : Mr.V.Nirmalkumar Government Advocate

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 4. Issuance of notice to the fifth respondent is dispensed with.

2. There is no dispute that five acres and 30 cents of land in the petition mentioned survey number was acquired for the benefit of the Adi Dravidar people. The acquisition proceedings have attained finality long back. The only request made by the petitioner is that the authorities must take possession of the acquired property alone and not anything beyond. The authorities shall earmark the boundaries as per the original notification. They cannot lay the hands on any land apart from the notified land.

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3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 26.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No sji To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildhar (ADW) Adi-Dravidar Welfare Office, Sivagangai.

3.The Tahsildhar, Thiruppuvanam Taluk Office, Thiruppuvanam.

4.The Deputy Surveyor, Thiruppuvanam Taluk Office, Thiruppuvanam.

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G.R.SWAMINATHAN, J.

sji 26.10.2023 4/4