← Library
Madras High CourtWP/22041/2024dismissed

G.Janakiraman v. The District Collector

2024-08-27Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.24018 of 2024 1.G.Janakiraman 2.K.Thambaran 3.G.Babu 4.Vedhachalam 5.K.Harikrishnan 6.Chittibabu 7.V.Damodhara Naidu 8.V.Mohan 9.V.Kamalakannan 10.D.Dhanaboobalan ... Petitioners vs.

1. The District Collector, O/o.District Collector, V.O.C. Nagar,

2. The District Revenue Officer, Anna Salai, V.O.C.Nagar, 1/6

3. The Revenue Divisional Officer, Anna Salai, V.O.C. Nagar, 4.The Tahsildar, Desumugipet, Thirukazhukundram, Chengalpattu - 603 109.

5. The Village Administrative Officer, Vittilapuram Main Road, Chengalpattu - 603 102.

6. The Archeological Officer, Department of Archeology, Tamil Valarchi Valaagam, Tamil Salai, Egmore, Chennai - 600 008.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus by directing the respondents herein to stop the fencing of patta lands and restore the fenced patta lands to the respective patta holders in survey Nos.534/1, 534/2, 534/3, 534/4, 534/8, 534/10, 534/22, 534/23, 534/24, 534/25, in respect of the representation dated 16.07.2024.

For Petitioners : Mr.N.Iyyakannu for Ms.V.P.Sheeba For Respondents : Mr.U.Baranidaran Additional Government Pleader 2/6

O R D E R

The petitioners herein seek a direction to the the respondents to stop fencing the patta lands situated in Survey Nos.534/1, 534/2, 534/3, 534/4, 534/8, 534/10, 534/22, 534/23, 534/24, 534/25 by considering their representation dated 16.07.2024.

2. The sixth respondent herein filed a counter stating that they have not fenced any patta land and there is a proposal to fence the entire protected and declared archaeological monument boundary limit area in Survey No.534/14. It is also stated that for the purpose of fencing the Survey No.534/14, it was measured and survey boundary stones were fixed on the four corners of the site. The statement made in the counter affidavit that the respondents have not fenced any patta land of the petitioners and that the survey was made only in respect of the land in Survey No. 534/14 is recorded.

3. The learned counsel for the petitioners submitted that the respondents entered into the patta lands of the petitioners mentioned in the 3/6

above survey numbers and caused damage to their crops standing thereon. If it is the case of the petitioners that the respondents entered that patta lands and caused damage to the crops and other things in their own property, it is for them to work out their remedy before the regular Civil Court.

4. With the above observations, the Writ Petition stands dismissed. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed. 27.08.2024 Index : Yes/No Speaking order:Yes/No dk To

1. The District Collector, O/o.District Collector, V.O.C. Nagar,

2. The District Revenue Officer, Anna Salai, V.O.C.Nagar, 4/6

3. The Revenue Divisional Officer, Anna Salai, V.O.C. Nagar, 4.The Tahsildar, Desumugipet, Thirukazhukundram, Chengalpattu - 603 109.

5. The Village Administrative Officer, Vittilapuram Main Road, Chengalpattu - 603 102.

6. The Archeological Officer, Department of Archeology, Tamil Valarchi Valaagam, Tamil Salai, Egmore, Chennai - 600 008.

5/6

S.SOUNTHAR, J.

dk and W.M.P.No.24018 of 2024 27.08.2024 6/6