Ponnammal v. The Commissioner Of Land Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Ponnammal W/o.Nallayan, No.5/4,Porasakkadu, 67-Goundampalayam Village, Rayarpalayam Post, Tiruchengode Taluk, Petitioner Vs

1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Collector, Namakkal District, Namakkal, 3.The Revenue Divisional Officer, Tiruchengode Revenue Division, 4.The Tahsildar, Tiruchengode Taluk,

5.The Taluk Surveyor, Tiruchengode Firkha, 6.The Village Administrative Officer, 67-Goundapalayam Village, Tiruchengode Taluk, Namakkal District.

7.Anbuselvi, D/o.Sengottuven, 67-Goundampalayam Village, Rayarpalayam Post, Tiruchengode Taluk, Namakkal District.

8.P.S.Arivazhagan, S/o.Sengottuven, 67-Goundampalayam Village, Rayarpalayam Post, Tiruchengode Taluk, Namakkal District.

9.K.A.Bharath, S/o.Arivazhagan, 67-Goundampalayam Village, Rayarpalayam Post, Tiruchengode Taluk, Namakkal District.

10.Duraisamy, S/o.Thangavel, 67-Goundampalayam Village, Rayarpalayam Post, Tiruchengode Taluk, Namakkal District.

11.S.Palanivel S/o.Sengodagounder, 67-Goundampalayam Village, Rayarpalayam Post, Tiruchengode Taluk, Namakkal District.

Respondent(s)

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing directing the respondents 3 and 4 to cancel the patta issued in favour of the respondent 7 to 11, comprised in Survey No.259/4, 263/1D, 263/2B, 264/1, 265/1, 266/1A and 266/2A, situate No.67Goundampalayam village, Rayarpalayam Post, Tiruchengode Taluk, Namakkal district and to maintain the Poosthithi Odai (water body),based on the petitioners representation dated 12.12.2023 with in stipulated time.

For Petitioner:

Mr.C.Prabakaran For Respondents:

Mr.A.Edwin Prabakar State Government Pleader Assisted By Mr.M.Habeeb Rahman Government Advocate For R1 to R6 M/s.R.S.Selvam For R7 to R11

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition is filed on the allegation that the grant of patta in favour of private respondents 7 to 11 is causing hindrance/obstruction in the maintenance of the water body.

2. The allegation made in this petition turns out to be incorrect.

3. The reply filed by the 4th respondent clearly shows that the flow of water channelised through the patta land is without any obstruction and a common pathway is in existence for the past two years along the Odai and the petitioner and the other villagers have been using the pathway without hindering the free flow of water in the Odai.

4. In that view of the matter and that the above submission has been made on the basis of survey made on 09.07.2025 and further that pipelines have also been laid down from S.No.253/4 till Nanjan Kuttai in S.No.257/2, ensuring free flow of water nothing survives for further consideration.

5. Hence, the writ petition stands dismissed. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.)(SUNDER MOHAN, J.) 20.08.2025 Index : Yes/No ars

To

1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Collector, Namakkal District, Namakkal, 3.The Revenue Divisional Officer, Tiruchengode Revenue Division, 4.The Tahsildar, Tiruchengode Taluk, 5.The Taluk Surveyor, Tiruchengode Firkha, 6.The Village Administrative Officer, 67-Goundapalayam Village, Tiruchengode Taluk, Namakkal District.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(ars) 20.08.2025