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S.P.Mounagurusamy, v. The District Collector,

CLOSED
Court
High Court of Madras
Decided
5 June 2023
Bench
B.Pugalendhiauthor
Case no.
WP(MD) 4205/2016

Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.4205 to 4207 of 2016 S.P.Mounagurusamy ...Petitioner in

WP(MD) No.4205/2016 A.S.Palani Andavar ...Petitioner in

WP(MD) No.4206/2016 S.P.Subramaniaraja ...Petitioner in

WP(MD) No.4207/2016 Vs

1.The District Collector, Theni,Theni District.

2.The President, B.Anaikaraipatti Panchayat, Bodinayakkanur Taluk,

3.The District Level Committee, O/o District Collector,Theni,

4.The Sub Divisional Committee, O/o District Collector, Theni,

...Respondents in all WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to convene the Grama Saba and evaluate the representation by the petitioners dated

28.12.2015 and consequently forward the same to the fourth respondent constituted under Schedule Tribes and other Traditional Forest Dwellers (Recognitions of Forest Rights) Act, 2006. For Petitioners :Mr.C.Venkatesh Kumar for

Mr.A.Velan For R1, R3 & R4 :Mr.Ramachandran Additional Government Pleader For R2 :Mr.A.K.Manickam (In all WPs) C O M M O N O R D E R The petitioners submitted a representation to the second respondent/ Panchayat to convene a Grama Sabha Meeting and to recommend for issuance of a patta with regard to the lands in Old Survey No.400, New Survey No.400/2, Vadakkumalai Village, Bodinaickanaur, in favour of the petitioners. Since the same has not been considered, the petitioners have approached this Court for a Mandamus to convene a Grama Saba meeting based on their representations, dated 28.12.2015.

2.Today(05.06.2023), when this writ petition is taken up for hearing, the learned counsel appearing for the second respondent Panchayat submits that the Grama Saba meeting was conducted subsequent to filing of these writ petitions and the petitioners' representations were considered. Since the petitioners' representations were to grant patta with regard to the forest land, it is not feasible to grant a patta under the Scheduled Tribes and other Traditional Forest Dwellers (Recognitions of Forest Rights) Act, 2006 and hence the petitioners' representations were rejected in the Grama Sabha Meeting.

3.Recording the submission made by the learned counsel for the second respondent, these writ petitions are closed. No costs.

05.06.2023 NCC : Yes / No. Index : Yes / No. Internet : Yes / No. vrn To

1.The District Collector, Theni,Theni District.

2.The President, B.Anaikaraipatti Panchayat, Bodinayakkanur Taluk,

3.The District Level Committee, O/o District Collector,Theni,

4.The Sub Divisional Committee, O/o District Collector, Theni, Theni District.

B.PUGALENDHI, J. vrn W.P(MD)No.4205 to 4207 of 2016

05.06.2023

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.