M.Gaspar Raj vs The District Collector on 2 April, 2019

[Cites 1, Cited by 0]

Madras High Court

M.Gaspar Raj vs The District Collector on 2 April, 2019

Bench: G.R.Swaminathan

                                                         1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 02.04.2019

                                                     CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          W.P.(MD)No.7750 of 2019
                      M.Gaspar Raj                                     ... Petitioner

                                                        Vs

                      1.The District Collector,
                        Thoothukudi,
                        Thoothukudi District.

                      2.The District Revenue Officer,
                        Thoothukudi,
                        Thoothukudi District.

                      3.The Special Tahsildar,
                        Town Settlement Officer,
                        Kovilpatti,
                        Kovilpatti Taluk,
                        Thoothukudi District.

                      4.The Special Tahsildar,
                        Land Acquisition,
                        Railway Double Track Project,
                        Kovilpatti,
                        Campus of Head Quarters Tahsildar,
                        Kovilpatti, Thoothukudi District.              ... Respondents

                      PRAYER: Petition filed under Article 226 of the Constitution of
                      India to issue a Writ of Certiorarified Mandamus, to call for the
                      records relating to the impugned order passed by the third
                      respondent in m1/D7/S.No.479/2B1 dated 07.03.2019 and quash
                      the same and to direct the third respondent to issue patta in the


http://www.judis.nic.in
                                                        2

                      petitioner's name for the 1.75 cents of house site in Survey No.
                      479/2B1 situated in Ilupaaiurani Village in Kovilpatti, Thoothukudi
                      District and to consequently direct the fourth respondent to serve
                      in the petitioner's name a show cause notice under Section 3(2) of
                      the Tamil Nadu Acquisition of Land for Industrial Purposes Act,
                      1997 for the 1.75 cents of house site in Survey No.479/2B1 situated
                      in Iluppaiurani Village in Kovilpatti, Thoothukudi District.


                            For Petitioner    : Mr.V.Santhakumaresan
                            For Respondents : Mr.M.Karuppasamy
                                                  Government Advocate


                                                     ORDER

The writ petitioner questions the letter dated 07.03.2019 sent by the third respondent to the fourth respondent. In the said letter, the third respondent has sought certain details from the fourth respondent. This communication by itself does not in any way affect the rights of the petitioner. Since the main prayer made in this writ petition is for quashing the said communication, I am of the view that the writ petition itself is not maintainable. However, the petitioner is at liberty to file an independent writ petition seeking issuance of patta. The writ petitioner's rights have not been adjudicated in this writ petition.

http://www.judis.nic.in 3

2. Leaving open the rights of the writ petitioner, the Writ Petition stands dismissed. No costs.




                                                                  02.04.2019
                      Index    : Yes/No
                      Internet : Yes/No

                      rmk




                      To

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Special Tahsildar, Town Settlement Officer, Kovilpatti, Kovilpatti Taluk, Thoothukudi District.

4.The Special Tahsildar, Land Acquisition, Railway Double Track Project, Kovilpatti, Campus of Head Quarters Tahsildar, Kovilpatti, Thoothukudi District.

http://www.judis.nic.in 4 G.R.SWAMINATHAN, J.

rmk W.P.(MD)No.7750 of 2019 02.04.2019 http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court