S.Maruthachalam v. The Tamil Nadu Water
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.20357 of 2019 S.Maruthachalam
...Petitioner
Vs.
1.The Tamil Nadu Water Supply and Drainage Board.
Rep. by its Managing Director, 31, Kamarajar Salai, Chepauk, Chennai - 600 005.
2.The Tahsildar, Coimbatore South Taluk, Coimbatore District.
3.The Commissioner, Coimbatore Municipal Corporation, Raja Street, Coimbatore.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to mutate the Revenue records and Town Survey Land Register in the name of the petitioner from the wrong entry of Tamil Nadu Water Supply and Drainage
Board in respect of the petitioner's land comprised in S.F.No.657, TSLR No.163 Ward No.30, Block No.4 to an extent of 1 acre and S.F.No.658, TSLR No.19, Ward No.30, Block No.4 to an extent of 55 cents, totally 1.55 cents in Upplipalayam Village, Coimbatore Taluk, Coimbatore based on the representation dated 22.03.2019.
For Petitioner :
Mr.K.Chozhan For R1 :
Mrs.Shakila Banu Standing Counsel For R2 :
Mr.T.Arunkumar Additional Government Pleader For R3 :
Mr.N.Umapathi
ORDER
The relief sought for in the present writ petition is to direct the second respondent to mutate the Revenue records and Town Survey Land Register in the name of the petitioner from the wrong entry of Tamil Nadu Water Supply and Drainage Board in respect of the petitioner's land comprised in S.F.No.657, TSLR No.163 Ward No.30, Block No.4 to an extent of 1 acre and S.F.No.658, TSLR No.19, Ward No.30, Block No.4 to an extent of 55 cents, totally 1.55 cents in Upplipalayam Village, Coimbatore Taluk,
Coimbatore based on the representation dated 22.03.2019. 2.The learned Additional Government Pleader brought to the notice of this Court that the subject property in the present writ petition had already been acquired by the Government and the property was handed over to Tamil Nadu Water Supply and Drainage Board [TWAD] for public projects. 3.When the subject lands were acquired and an award was passed, there is no reason to consider the relief as such sought for in the present writ petition. In this regard, the counter filed by the respondents reads as under: "4.The said lands of the Survey Nos.657 and 658 of Uppilipalayam Village of Coimbatore South Taluk, Coimbatore District originally belong to Tamil Nadu Water and Drainage Board. The subject lands are under the possession of the TWAD as known to one and all obviously. The said lands were acquired by the Government in the year 1979. The award amount for the land acquisition has also been pronounced by Award No.8/1979 to the then land owners and accordingly the compensation amounts too were disbursed.
Subsequently, the changes of the owners names in the
revenue records carried out vide this office ref no:Tk8A/67/1389 dated 10.10.1979 in favour of TWAD. Since then the lands have been under the enjoyment of the TWAD Board. Thereafter the subject lands were assigned to Coimbatore Corporation for continuous maintenance on 09.10.1998 by TWAD. Now the Coimbatore Corporation has proposed to construct a drainage water purification unit in the said lands and accordingly they are carrying out the construction works therein and they were in half way mark."
4.Accordingly, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. 07.09.2023 cse Index:Yes/No Speaking order/Non-speaking order
To 1.The Tamil Nadu Water Supply and Drainage Board.
Rep. by its Managing Director, 31, Kamarajar Salai, Chepauk, Chennai - 600 005.
2.The Tahsildar, Coimbatore South Taluk, Coimbatore District.
3.The Commissioner, Coimbatore Municipal Corporation, Raja Street, Coimbatore.
S.M.SUBRAMANIAM, J.
cse 07.09.2023