K.Govindan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P.No.7130 of 2025 in W.P.No.6481 of 2025 K.Govindan ... Petitioner vs.

1. The District Collector District Collector Office Dharmapuri District

2. The Revenue Divisional Officer Revenue Divisional Office Dharmapuri District

3. The Superintendent of Police Land Grabbing Unit District Superintendent of Police Office Dharmapuri District

4. The Deputy Superintendent of Police Deputy Superintendent of Police Office Dharmapuri District

5. Vasudevan (Ex.Panchayath Member) Son of Annamalai ... Respondents Page Nos.1/6

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider the representation dated 31.01.2025 and direct the 1st and 2nd respondents to remove the encroachment made by the fifth respondent. For Petitioner :

Mr.Mohammed Aasif For Respondents :

Mr.T.K.Saravanan Addl. Govt. Pleader for R1 and R2 Mr.Babu Muthu Meeran Addl.Public Prosecutor for R3 and R4

O R D E R

[Order of the Court was made by K.GOVINDARAJAN THILAKAVADI, J.,] Captioned writ petition is filed with a prayer to direct the second respondent i.e., Revenue Divisional Officer, Dharmapuri District to consider the representation of the petitioner dated 31.01.2025 and further direct Respondents 1 and 2 to remove the encroachment made by the fifth respondent (private respondent) herein.

2. It is the case of the petitioner that the usufructs of the Tamarind trees situated in the land measuring to an extent of 94 cents in Survey No.52/3 (patta No.119) has to be handed over to Aavalur Mari Amman Page Nos.2/6

kovil as per the terms of the document executed in favour of the said temple. It was in practice that the villagers used to sell the usufructs from the tamarind trees by way of public auction and the amount realized from the same will be used for the temple.

3. While so, in the year 2018, the villagers gave a petition to the Revenue Divisional Officer to cancel the patta issued in favour of the writ petitioner pursuant to which summon was issued to the petitioner to appear before the Revenue Divisional Officer, Harur on 13.08.2018.

4. Since the villagers have encroached upon the said land, the petitioner was constrained to file a civil suit in O.S.No.56 of 2018 and also preferred a police complaint against the said encroachers.

5. The further contention of the writ petitioner is that he had made several representations to the concerned authorities but no action has been taken till date. Hence, the petitioner is constrained to file the present writ petition for a direction to Respondents 1 and 2 to remove the alleged encroachment made by the fifth respondent and other villagers.

6. Issue notice.

7. Mr.T.K.Saravanan, learned Additional Government Pleader accepts Page Nos.3/6

notice for R1 and R2 and Mr.Babu Muthu Meeran, learned Additional Public Prosecutor accepts notice for R3 and R4.

8. The learned Additional Government Pleader submits on instructions that the Survey No.52/3 is classified as Government Poramboke land, but during the UDR scheme, patta was wrongly issued in favour of the petitioner and hence, the official respondents are taking action to cancel the patta issued in favour of the petitioner.

9. Heard on both sides. Records perused.

10.It is to be noted that there is suppression of fact in the support affidavit about the pendency of civil suit filed by the writ petitioner. Only after this Court made the proceedings on 26.02.2025, the same is disclosed by way of additional affidavit.

11. Therefore, considering the above facts and circumstances of the case, we deem it appropriate to pass the following order: i) The respondents are directed to conduct due enquiry with regard to cancellation of patta after putting on notice, the writ petitioner and private respondent and any one concerned;

Page Nos.4/6

ii) It is open to the petitioner to pursue the civil suit and the criminal case in accordance with law.

In the result, this writ petition is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (M.S.,J.) (K.G.T.,J.) 05.03.2025 Index : Yes/No gpa To

1. The District Collector District Collector Office Dharmapuri District

2. The Revenue Divisional Officer Revenue Divisional Office Dharmapuri District

3. The Superintendent of Police Land Grabbing Unit District Superintendent of Police Office Dharmapuri District

4. The Deputy Superintendent of Police Deputy Superintendent of Police Office Dharmapuri District Page Nos.5/6

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 05.03.2025 Page Nos.6/6