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M/S.Captain Farms (P) Ltd vs The Taluk Tahsildar

Madras High Court|02 December, 2009

JUDGMENT / ORDER

12379 & 12380 of 2008
3.The Assistant Engineer, P.W.D. (Irrigation Branch) Madurantakam, Kancheepuram District . . . Respondent in W.P.No.12378 of 2008 Prayer in W.P.Nos.12377, 12379 & 12380 of 2008: Writ Petitions are filed under Article 226 of the Constitution of India praying for writs of Certiorari to call for the connected records of the first respondent in his proceedings Na.Ka.Nos.1394/08 Aal, dated 13.03.2008 and quash the same and forbearing him from removing the remaining portion of the solar energy fencing put up around the Farm land. Prayer in W.P.No.12378 of 2008: The Writ Petition is filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the connected records of the respondent's Notice No.35/08. c.bgh/bgh/g.J/eP.t.m-Madurantakam dated 19.02.2008 and quash the same and forbearing him from removing the remaining portion of the solar energy fencing put up around the Farm land and the remains of the cause-way (concrete bridge) thereby preventing the usage of the pathway across the surplus water-course, labourers holding lands on both sides of the said surplus water-course, labourers employing in the Farm land and the inhabitants in the area.
On 4.11.2009, this case was listed for non-payment of batta with the following directions:-
"(1) It is brought to the attention of the advocate that the above matter was listed before the Deputy Registrar (A.S.) for default in payment of batta so as to effect service on the respondents.
(2) Since the batta has not been paid till today inspite of sufficient opportunity given, the matter is listed today before this court as a last chance.
(3) Advocate is directed to pay batta on or before 30.11.2009 and proof of compliance to be filed immediately. If batta is filed as directed issue notice immediately. Failing payment of batta as directed, the petition shall stand dismissed automatically as against the concerned respondent without reference to the court."
3. Till date, batta is not paid. This matter is listed today for recording dismissal. Accordingly, these writ petitions are dismissed for non-payment of batta. Consequently, connected miscellaneous petitions are closed. No costs.
smn To
1.The Taluk Tahsildar, Madurantakam Taluk at Madurantakam, Kancheepuram District.
2.The District Collector, Kancheepuram District at Kancheepuram.
3.The Assistant Engineer, P.W.D. (Irrigation Branch) Madurantakam, Kancheepuram District
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Title

M/S.Captain Farms (P) Ltd vs The Taluk Tahsildar

Court

Madras High Court

JudgmentDate
02 December, 2009