Petitioner sought restoration of alleged Bhoodan lands occupied by a respondent. The court dismissed the writ, holding it lacked foundational material as petitioner failed to prove the lands' character.
None. Writ petition dismissed for lack of merit due to absence of foundational material.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2017
CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.1037 of 2017 and W.M.P(MD).No.868 of 2017
R.Palanichamy ... Petitioner
vs.
1.The Chairman / Director of Bhoodan Yagna Board, Office of the Commissioner of Land Administration,Ezhilagam, Chepauk,
Chennai – 600 005.
2.The District Collector,
Dindigul District, Dindigul.
3.The Assistant Director, Geology and Mining,
District Collector & Office Campus,
Dindigul, Dindigul District.
4.The Special Deputy Thasildar, Mines, District Collector Office Campus, Dindigul, Dindigul District.
7.N.Sundar ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 and 6 herein to restore the lands vested with the Bhoodan Yagna Board, Panchami Tharisu, Tank and Highways Puramboke relating to survey number 104/7 of an extent of 0.67.0 Hectares, 105/6 of an extent of 0.70.5 Hectares, 105/7 of an extent of 0.68.5 Hectares, 105/8A of an extent of 0.91.0 Hectares, 105/8B of an extent of 0.00.5 Hectares, 105/9A of an https://hcservices.ecourts.gov.in/hcservices/ extent of 0.24.0 Hectares, 105/9B of an extent of 0.06.5 Hectares, 105/9C of an extent of 0.04.5 Hectares, 105/10 of an extent of
2
0.87.0 Hectares, 105/1 of an extent of 0.28.5 Hectares, 105/2 of an extent of 0.08.0 Hectares and 105/3 of an extent of 0.57.5 Hectares, 105/4 of an extent of 0.05.0 Hectares, 105/5B of an extent of 0.08.0 Hectares and 105/5C of an extent of 0./08.5 Hectares situate at Rengappanaickanpatti Village, Kamatchipuram, Nilakottai Taluk, Dindigul District which are under the occupation of the seventh respondent who is doing rough stone quarry operation and erected crusher unit.
For Petitioner : S.Sundarapandian For Respondents : Mr.M.Govindan,
Spl.Govt.Pleader for RR1 to 6 Mr.J.Barathan for R7.
O R D E R (Order of the Court was made by G.R.SWAMINATHAN, J.)
This writ petition has been filed for directing the official respondents to restore the Bhoodan and Panchami lands.
2.Heard the learned counsel appearing for the petitioner as well as the official respondents and the counsel appearing for the seventh respondent.
3.The seventh respondent has filed counter affidavit pointing out that the lands referred to in the writ petition are not Panchami lands and Bhoodan Yagna Board lands. We called upon the learned counsel appearing for the petitioner to produce materials to show the character ascribed to the said lands in the petition.
4.The learned counsel appearing for the petitioner could not furnish any document to sustain the claim made in this writ petition.
5.We therefore hold that this writ petition has been filed without any foundational material. Only if the petitioner is able to show that the lands in question are Bhoodan and Panchami lands, it is possible to give direction to the authorities to consider his representation. Since he has not been able to convince this Court with regard to the character of the lands as claimed by the petitioner, We find no merit in the writ petition. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
Sd/-
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar
3
To
+1cc to Mr.T.R.JEYAPALAM Advocate in SR. No.66819 SKM/ARUL
JS/JC/SAR.1/28.7.2017/3P-8C
W.P(MD)No.1037 of 2017 and W.M.P(MD).No.868 of 2017 19.07.2017
1 issue framed by the court
Whether the writ petition succeeds in establishing the legal character of the lands as Bhoodan/Panchami lands to warrant restoration.
R. Palanichamy
The Chairman / Director of Bhoodan Yagna Board
The District Collector, Dindigul District
The Thasildar, Nilakottai Taluk
N. Sundar
K.K. Sasidharan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
