Court dismissed writ petition under Article 226 seeking Mandamus to restrain conversion of petitioner's patta land into burial ground. Relief denied as petitioner's apprehension of acquisition without proceedings lacked factual basis and was merely an assumption.
The writ petition was dismissed; no costs awarded; connected miscellaneous petitions closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
R. Ummar Khan ..Petitioner
Vs.
1. The District Collector,
Tiruvannamalai District,
Tiruvannamalai.
2. The Tahsildar,
Chengam Taluk,
Tiruvannamalai District.
3. The Block Development Officer,
Chengam Panchayat,
Tiruvannamalai District.
4. Kanchana ..Respondents
Prayer: Petition under Article 226 of the Constitution of India
praying for issue of a Writ of Mandamus forbearing the respondents
from acquiring or converting the petitioner's patta land situated in
Survey No. 105/1, to an extent of 11.50 Ares, Survey No. 105/2 to an
extent of 57.00 Ares, Survey No. 105/9 to an extent of 16.50 Ares,
Survey No. 105/7C to an extent of 14.0 Ares and Survey No. 105/7B to
an extent of 0.16 cents at Quilam Village, Chengam Taluk,
Tiruvannamalai District into burial ground except by due process of
law.
This writ petition is filed for issue of a Writ of Mandamus forbearing the respondents from acquiring or converting the petitioner's patta land situated in Survey No. 105/1, to an extent of 11.50 Ares, Survey No. 105/2 to an extent of 57.00 Ares, Survey No.
105/9 to an extent of 16.50 Ares, Survey No. 105/7C to an extent of 14.0 Ares and Survey No. 105/7B to an extent of 0.16 cents at Quilam Village, Chengam Taluk, Tiruvannamalai District into burial ground except by due process of law.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
nv
To
1. The District Collector,
Tiruvannamalai District,
Tiruvannamalai.
2. The Tahsildar,
Chengam Taluk,
Tiruvannamalai District.
3. The Block Development Officer,
Chengam Panchayat,
Tiruvannamalai District
+1cc to Mr.M.V.Muralidaran, Advocate, S.R.No.40326
+1cc to the Government Pleader, S.R.No.40437
CNR(CO)
EU(20/08/2015)
W.P. No. 8313 of 2015
2 issues framed by the court
Whether to issue Writ of Mandamus to restrain the respondents from converting the petitioner's patta land into a burial ground without due process of law.
Whether appellate relief can be granted based on the petitioner's apprehension without specific factual basis showing imminent threat of acquisition without proceedings.
R. Ummar Khan
The District Collector, Tiruvannamalai
The Tahsildar, Chengam Taluk
The Block Development Officer, Chengam Panchayat
Kanchana
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
