M.Savarimuthu vs The District Collector
2023 Latest Caselaw 14563 Mad

Madras High Court

M.Savarimuthu vs The District Collector on 22 November, 2023

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                               W.P.(MD)No.22765 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 22.11.2023

                                                           CO RAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                W.P.(MD)No.22765 of 2021
                    M.Savarimuthu                                                   ... Petitioner
                                                             -vs-

                    1.The District Collector,
                      Sivagangai District.

                    2.Revenue Divisional Officer,
                      Sivagangai, Sivagangai District.

                    3.The Tahsildar,
                      Ilayankudi Taluk, Sivagangai District.                        ... Respondents

                    PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                    to issue a Writ of Mandamus, directing the first respondent to conduct
                    enquiry to maintain the communal land, situated in Survey No.291/1,
                    Poolangudi Village (Sathanur Group), Ilayankudi Taluk, Sivagangai District,
                    as such as per the direction issued in S.A.Nos.1684 and 1685 of 2003, dated
                    07.10.2016.


                                  For Petitioner       :      Mr.V.Panneer Selvam
                                  For Respondents :           Mr.K.S.Selvaganesan
                                                              Additional Government Pleader


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                                                                               W.P.(MD)No.22765 of 2021



                                                         ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus,

directing the first respondent to conduct enquiry and maintain the communal

land, situated in the subject property as per the directions issued in S.A.Nos.

1684 and 1685 of 2003, by judgment dated 07.10.2016.

2. The learned Additional Government Pleader appearing on behalf of

the respondents, on instructions, submitted that pursuant to the judgment

passed in S.A.Nos.1684 and 1685 of 2003, the first respondent has already

sought for the report from the respondents 2 and 3 and that on receipt of the

report, the first respondent will act in line with the judgment in S.A.Nos.1684

and 1685 of 2003.

3. The relevant portions in the written instructions received from the

first respondent are extracted hereunder:-

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4. It is clear from the above that already effective steps have been

taken by the District Collector, Sivagangai District, to act in line with the

judgment passed in the second appeals.

5. There shall be a direction to the first respondent to conclude the

proceedings and act in line with the judgment passed in S.A.Nos.1684 and

1685 of 2003, dated 07.10.2016, within a period of three months from the

date of receipt of a copy of this order.

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6. This Writ Petition is disposed of with the above direction. No costs.

                    NCC           : Yes/No                                               22.11.2023
                    Index         : Yes/No
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                    To

                    1.The District Collector,
                      Sivagangai District.

                    2.The Revenue Divisional Officer,
                      Sivagangai, Sivagangai District.

                    3.The Tahsildar,

Ilayankudi Taluk, Sivagangai District.

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N.ANAND VENKATESH, J.

smn2

22.11.2023

https://www.mhc.tn.gov.in/judis