Kasinathan vs The District Collector
2022 Latest Caselaw 8807 Mad

                                                                       W.P.No.8579 of 2022



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 26.04.2022

                                                      CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                         AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                 W.P.No.8579 of 2022


                     Kasinathan                                        .. Petitioner

                                                         Vs

                     1.The District Collector,
                       Collector's Office,
                       Cuddalore District.

                     2.The Revenue Divisional Officer,
                       The Revenue Divisional Office,
                       Vriddhachalam Taluk,
                       Cuddalore District.

                     3.The Tahsildar,
                       Tahsildar Office,
                       Vriddhachalam,
                       Cuddalore Ditrict.

                     4.The Commissioner Municipality Office,
                       No.31/16, Iyyanar Kovil Stree,t
                       Vriddhachalam Taluk,
                       Cuddalore District.                             .. Respondents



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                                                                                 W.P.No.8579 of 2022



                     Prayer: Petition filed under Article 226 of the Constitution of India
                     praying for a writ of certiorarified mandamus calling for the records of
                     the fourth respondent - Proceedings in Na.Ka.No.4704/2021/f1, dated
                     14.03.2022 and quash the same as arbitrary, illegal and
                     consequentially direct the third respondent to consider the petitioner
                     representation dated 10.03.2022 to issue patta within the time frame
                     fixed by this Court.

                                      For the Petitioner       : Mr.V.Suriyanarayanan

                                      For the Respondents      : Mr.J.Ravindran
                                                                 Addl. Advocate General
                                                                 assisted by
                                                                 Mr.A.Selvendran
                                                                 Special Government Pleader

                                                            ORDER

(Order of the Court was made by The Hon'ble Chief Justice)

The writ petition has been filed to challenge the eviction notice

dated 14.3.2022, directing the petitioner to vacate the premises

within 15 days. However, pursuant to the judgment given by this

court in W.P.No.19119 of 2021, dated 13.9.2021, the encroachment

has been removed.

2. In view of the above, the only thing that remains to be

considered is about the permission to cultivate the land, which can

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https://www.mhc.tn.gov.in/judis W.P.No.8579 of 2022

otherwise be granted by the government as per the provisions of

law. Therefore, the petitioner can approach the government

seeking permission to cultivate the land and if the permission for it

is granted by the government, the petitioner would be within his

right to cultivate the land. Merely because the land is a barren

land, the petitioner has no authority as such to occupy the land

based on an unregistered sale deed. In any case, the aforesaid

cannot be taken adverse to the petitioner, as we have given liberty

to the petitioner to approach the government as per law seeking

permission to cultivate the land.

The writ petition is disposed of without causing interference

with the eviction notice, as it has already been given effect to. No

costs. Consequently, W.M.P.Nos.8490 and 8492 of 2022 are

closed.

                                                                (M.N.B., CJ)       (D.B.C., J.)
                                                                           26.04.2022
                     Index : Yes/No
                     sasi




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https://www.mhc.tn.gov.in/judis W.P.No.8579 of 2022

To:

1.The District Collector, Collector's Office, Cuddalore District.

2.The Revenue Divisional Officer, The Revenue Divisional Office, Vriddhachalam Taluk, Cuddalore District.

3.The Tahsildar, Tahsildar Office, Vriddhachalam, Cuddalore Ditrict.

4.The Commissioner Municipality Office, No.31/16, Iyyanar Kovil Street Vriddhachalam Taluk, Cuddalore District.

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https://www.mhc.tn.gov.in/judis W.P.No.8579 of 2022

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi)

W.P.No.8579 of 2022

26.04.2022

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