A writ petition filed to quash a land assignment and direct public purpose use was dismissed as the petitioner voluntarily discontinued prosecution after being served notice, with costs awarded against her.
The writ petition was dismissed with a cost of Rs.5,000/- to be recovered from the petitioner under the Revenue Recovery Act, 1890.
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.
W.P(MD)No.11809 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.11809 of 2014 and MP(MD) No.1 of 2014
Vallie
...Petitioner
Vs.
5.M.Thannakutti ...Respondents
1/6
W.P(MD)No.11809 of 2014
PRAYER:
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent in Na.Ka.No.4664/2005 K, dated 16.08.2005 and quash the same as illegal and consequently direct the respondent 1 to 4 herein to use the land Old Survey No.279/1A to the extent of 0.60 Hectors and New Survey No.279/4 to the extent of 0.17 hectors at Keeranoor Village, Melur Taluk, Madurai District for public purpose alone and not to use the same for any other purpose.
For Petitioner : No appearance For R1 to R4 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R4 : No appearance
O R D E R
Alleging that the land in Survey No.279/1A and New
Survey No.279/4, which has been assigned to the fifth respondent by order impugned in this writ petition is a pathway to a burial ground, this writ petition is filed.
W.P(MD)No.11809 of 2014
2.When this writ petition was taken up for hearing on
02.06.2023, there was no representation for the petitioner. The learned counsel for the petitioner has filed a memo stating that he is not in a position to contact the petitioner. Therefore, this case was listed in the name of the petitioner on 12.06.2023. Even then, there was no representation for the petitioner. This Court, by earlier order dated 13.06.2023 directed the learned Additional Government Pleader to serve notice to the petitioner.
3.The learned Additional Government Pleader appearing for the respondents 1 to 4 submits that the listing of this writ petition before this Court on 22.06.2023 has been intimated to the petitioner by the respondents. However, the petitioner, namely, Valli has given a statement that she is not intending to prosecute this writ petition further. The statement of the petitioner along with the photograph for service of notice to the petitioner have been produced before this Court. The learned Additional Government Pleader has also produced the photographs of the land in 279/1A and New Survey
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W.P(MD)No.11809 of 2014
No.279/4, showing that the land is still lying as a vacant and it is not
a pathway to the burial ground as claimed by the petitioner.
4.Recording the submissions made by the learned
Additional Government Pleader and appreciating the efforts taken by the respondents, this writ petition is dismissed with a cost of Rs.5,000/-, which shall be recovered from the petitioner by the respondents under the Revenue Recovery Act, 1890 and the same shall be utilized for the welfare activities of the Taluk. No costs. Consequently, connected Miscellaneous Petition is closed.
22.06.2023
NCC : Yes / No. Index : Yes / No. Internet : Yes / No. vrn
W.P(MD)No.11809 of 2014
To
W.P(MD)No.11809 of 2014
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.11809 of 2014 and MP(MD) No.1 of 2014
22.06.2023
1 issue framed by the court
Whether the writ petition challenging the assignment of land to the respondent fifth party should be dismissed on the petitioner's steadfast refusal to prosecute the matter.
2 provisions across 2 enactments
Vallie
The District Collector, Collector Office, Madurai District
The District Revenue Officer, Collector Office, Madurai District
The Revenue Divisional Officer, Collector Office, Madurai District
The Tahsildar, Tahsildar Office, Melur, Madurai District
M.Thannakutti
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
