The Sivakasi Anaithu Samuthaya v. The Principal Secretary And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].Nos.3302 of 2011 and 14762 of 2010 and M.P.(MD)Nos.2, 3 of 2011, 2 and 3 of 2010 W.P.[MD].No.3302 of 2011:

The Sivakasi Anaithu Samuthaya Vari Seluthuvor Sangam, Sivakasi, by its President : Petitioner Vs.

6.The Secretary, Sivakasi Hindu Nadar Uravinmurai Magamai Fund, 46, Thiruthangal Road, Sivakasi-626 123, 7.The Trustee, Sivakasi Arulmigu Bathrakaliamman Kovil, Parasakthi Colony, Sivakasi-626 123,

8.Tmt.S.Malarvizhi, Special Officer/DRO, Salem Co-op Sugar Mills Ltd., Mohanur, Namakal District.

9.The Commissioner, Sivakasi Municipality, Sivakasi.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in proceedings in Na.Ka.B.4-43582-2007, dated 24.07.2008 and the consequential order passed by the first respondent in Rc.K1/15802/2009, dated 30.06.2010 and quash the same and to direct the respondents to restore the Vannankulam Oorani in T.S.No.24, Ward 'E', Block V, measuring an extent of 0.68 acres in Sivakasi Town, Virudhunagar District, as Oorani Poramboke in the revenue records. For Petitioner : Mr.A.V.Arun For Respondents 1to5&8: Mr.Aayiram K.Selvakumar, Government Advocate For Respondents 6&7 : Mr.Isaac Mohanlal, Senior Counsel, For Mr.Xavier Rajini For Respondent No.9 : Mr.N.Dilip Kumar ********** W.P.[MD].No.14762 of 2010:

P.N.Deva : Petitioner Vs.

6.The Secretary, Sivakasi Hindu Nadar Uravinmurai Magamai Fund, 46, Thiruthangal Road, Sivakasi-626 613, Virudhunagar District.

7.The Trustee, Sivakasi Arulmigu Bathrakaliamman Kovil, Parasakthi Colony, Sivakasi-626 613, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in proceedings in Na.Ka.B.4-43582-2007, dated 24.07.2008 and the consequential order passed by the first respondent in Rc.K1/15802/2009, dated 30.06.2010 and quash the same and to direct the respondents to restore the Vannankulam Oorani in Government Porampoke land in T.S.No.24, Ward 'E', Block V, measuring an extent of 0.68 acres in Sivakasi Town.

For Petitioner : Mr.Shaji Chellan For Respondents 1to5 : Mr.Aayiram K.Selvakumar, Government Advocate For Respondents 6&7 : Mr.Isaac Mohanlal, Senior Counsel, For Mr.Xavier Rajini ************ C O M M O N O R D E R *********** [Order of the Court was made by S.NAGAMUTHU, J.] After having argued the matter at length, the learned counsel for the petitioner in both the Writ Petitions submitted that they did not press these Writ Petitions, however, the petitioners should be given liberty to work out their remedies before the competent Civil Court. The same is recorded. Accordingly, these Writ Petitions are dismissed as not pressed. No costs. Consequently, the connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CS I) /True Copy/ Sub Assistant Registrar

To 6.The Commissioner, Sivakasi Municipality, Sivakasi.

7.Tmt.S.Malarvizhi, Special Officer/DRO, Salem Co-op Sugar Mills Ltd., Mohanur, Namakal District.

+1 cc to Mr.N.Dilip Kumar, Advocate in SR No.61257 +2 cc to Mr.Xavier Rajini, Advocate in SR No.61803 & 61802 +1 cc to the Spl.Govt.Pleader in SR No.61623 +1 cc to Mr.L.Saji Chellam, Advocate in SR No.61225 Common Order made in W.P.[MD].Nos.3302 of 2011 and 14762 of 2010 Dated: 18.10.2016 SML ANR/EM-MPA/07.11.2016/4P/13C