1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD).No.115 of 2011 and M.P.(MD)No.1 of 2011 1.S.Muniyandi. 2.Rajammal 3.M.Lakshmi 4.S.Lakshmi 5.V.Pappa 6.K.Karuppiah 7.R.S.Kumarasamy 8.J.Icode Petchi 9.M.Magesh @ Mageshwari 10.K.Chathaiah 11.V.Sadasivam 12.P.Amaravathi 13.V.Meenakshi 14.Petchiammal 15.P.Jayachandran 16.Navaneethan 17.S.Indirani 18.K.Panjavarnam 19.Subramani 20.P.Rajagopal 21.S.Muthusamy Asari 22.P.Chinnaiah 23.Pandiammal : Petitioners Vs. 1.The District Collector, Madurai District, Collectorate, Madurai-625 020. 2.The Tahsildar, Madurai North Taluk, Collectorate, Madurai-625 020 : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation, dated 16.12.2010 made by the petitioners to the respondents and to direct the respondents to make improvement and basic amenities like electricity and water in the land allotted to the petitioner in Sy.No.36 Siruthoor Village, Madurai District, so as to enable the petitioners to vacate the site in S.No.17/1, Kanmai Poramboke, Kannanendhal Village, Madurai North Taluk, Madurai District and occupy the land assigned in S.No36, Siruthoor Village Madurai District. For Petitioners : Mr.S.Subbiah, For Respondents : Mr.R.Janakiramalu Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J.] The prayer in the Writ Petition is for issuing a Writ of Mandamus directing the respondents to consider the representation dated 16.12.2010 made by the petitioners for the purpose of making improvement and basic amenities like electricity and water in the lands allotted to the petitioners in Survey No.36 Siruthoor Village, Madurai District, so as to enable the petitioners to vacate the site in S.No.17/1, Kanmai Poramboke, Kannanendhal Village, Madurai North Taluk, Madurai District and occupy the land assigned in S.No.36, Siruthoor Village, Madurai District. 2. On a perusal of the papers, it is seen that the petitioners filed Contempt Petition (MD).No.711 of 2010 before this Court for the alleged disobedience and violation of the order dated 17.04.2007 passed in W.P. (MD).No.4673 of 2004. By order dated 09.12.2010, the said Contempt Petition was dismissed by a Division Bench of this Court by observing as follows:- “3. The learned Special Government Pleader, Mr.R.Janakiramulu, has produced the file containing statement of the petitioners and also proceedings of the Tahsildar in Na.Ka.No.11323/08/M1 dated 12.8.2008 granting patta to the petitioners in Survey No.36 of Siruthoor village various extents thereon. The learned Special Government Pleader has further submitted that pursuant to the said proceedings, patta was also granted and the writ petitioners were already granted patta in S.No.36. Punza land in survey No.36 has also been converted as Natham. 4. By perusal of the files produced, it is seen that all the petitioners have given statements before the authorities to the effect that they would accept the house site patta anywhere in and around Madurai. Having consented for taking house sites offered anywhere in Madurai, it is not open to the petitioners to contend that they ought to be allotted house sites only at Sakkimangalam. 5. There is no force in the contention of the petitioners that earlier, in W.P.(MD)No.4673 of 2004, the authorities have offered house sites at Sakkimangalam. By reading of the order passed in W.P.(MD)No.4673 of 2004, we find that the Court has only directed the respondents to find any suitable alternative site. 6. We do not find any contempt of the order, much less we do not find disobedience of the order to maintain this Contempt Petition. The contempt petition is dismissed. No costs. 7. After we have dismissed the Contempt Petition, the learned counsel for the petitioner submitted that because of rainy season, some time may be given to the petitioners to vacate the place. Having regard to the submission, the respondents are directed to give four weeks time from today i.e. 09.12.2010 to enable the petitioners to vacate the place.” 3. On a perusal of the said order, it is evident that the petitioners have given statements before the authorities to the effect that they https://hcservices.ecourts.gov.in/hcservices/ 3 would accept the house site patta anywhere in and around Madurai and having consented for taking house sites offered anywhere in Madurai, it is not open to the petitioners to contend that the house sites ought to be allotted only at Sakkimangalam. The Division Bench has also recorded the submission made by the learned counsel for the petitioners that four weeks time from 09.12.2010 may be granted to the petitioners to vacate from the present place. The Division Bench has granted four weeks time to the petitioners to vacate the place. The petitioners are bound by the said undertaking given by the counsel, who appeared on behalf of the petitioners in the said Contempt Petition. 4. In view of the above, we do not find any merit in the Writ Petition and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District,Collectorate, Madurai-625 020 2.The Tahsildar, Madurai North Taluk, Collectorate, Madurai- 625 020 +1cc to Mr.S.Subbiah, Advocate SR.455 er SR : 12.01.2011 : 3p/4c ORDER MADE IN W.P.(MD).No.115 of 2011 04.01.2011 https://hcservices.ecourts.gov.in/hcservices/