Writ petition seeking removal of the fourth respondent's alleged encroachment on Government Natham land. Both parties agreed the land is Natham meant for house sites and patta request was pending. Court declined to interfere but allowed the petitioner to file objections within two weeks. Writ petition dismissed.
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.20193 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.20193 of 2013 and M.P.(MD) No.1 of 2013
Sivabalan
... Petitioner
-vs-
2.The Tahsildar, Sattur Taluk, Virudhunagar District.
3.The President, Thulukkankurichi Village Panchayat, Sattur Taluk, Virudhunagar District.
4.Gurusamy Naickar ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records relating to the proceedings of the
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W.P.(MD) No.20193 of 2013
first respondent made in Na.Ka.NO.G2/12118/2012 dated 04.12.2013 and quash the same.
For Petitioner : Mr.N.Mohideen Basha For Respondents : Mr.S.P.Maharajan, Special Government Pleader for R1 & R2
No appearance for R3
Mr.M.Thirunavukkarasu for R4
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
The Writ Petition has been filed challenging the proceedings of the
first respondent made in Na.Ka.NO.G2/12118/2012, dated 04.12.2013.
2. This Court, by order dated 28.02.2018, disposed of the Writ
Petition and subsequently, a Review Application was filed by the fourth respondent and by order dated 04.01.2019, this Court has recalled the earlier order dated 28.02.2018 passed in W.P.(MD) No.20193 of 2013 and directed to consider the Writ Petition afresh. Accordingly, the Writ Petition is now taken up for fresh consideration.
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W.P.(MD) No.20193 of 2013
respondents 1 and 2 would submit that the first respondent has passed a detailed order rejecting the claim of the petitioner for the reason that the aforesaid land is classified as Natham and the fourth respondent has encroached upon an extent of 0.0090.5 sq.m. He would further submit that the request of the fourth respondent for grant of patta for the aforesaid land is still under consideration.
which is intended for providing house sites. When that being so, we are not inclined to interfere with the impugned order, particularly, when the Government is considering the request of the fourth respondent for grant of patta. However, if at all the petitioner has any objection for grant of patta in favour of the fourth
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W.P.(MD) No.20193 of 2013
respondent, it is open to him to submit his objections to either the first respondent or the second respondent within a period of two weeks from the date of receipt of a copy of this order and if any objections is filed, the same shall be considered by the respondents 1 and 2 on merits and in accordance with law, before taking any decision regarding grant of assignment patta in favour of the fourth respondent.
costs.
[D.K.K., J.] [R.V., J.] 02.01.2024
Index : Yes / No Internet : Yes / No SJ
To
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W.P.(MD) No.20193 of 2013
D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.
SJ
W.P.(MD) No.20193 of 2013
02.01.2024
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1 issue framed by the court
Whether the writ petitioner could challenge the order rejecting his claim for removal of encroachment on Natham land by the fourth respondent.
1 provisions across 1 enactments
Sivabalan
The District Collector, Virudhunagar District
The Tahsildar, Sattur Taluk, Virudhunagar District
The President, Thulukkankurichi Village Panchayat, Sattur Taluk, Virudhunagar District
Gurusamy Naickar
D.Krishnakumar
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
