S.Bhuvaneshwari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Bhuvaneshwari ..
Petitioner Vs.
1. The District Collector Collectorate Office Thiruvallur 602 001.
2. The District Revenue Officer Collectorate Office Thiruvallur 602 001.
3. The District Registrar Registration Department Veeraraghava Nagar Thiruvallur 602 001.
4. The Revenue Divisional Officer Revenue Divisional Office Ponneri 601 204 Thiruvallur District.
5. The Tahsildar Taluk Office, Ponneri 601 204 Thiruvallur District.
6. The Sub Registrar Sub Registrar Office No.2, Soothupakkam, Redhills Road Palavayal, Chennai 600 052.
7. The Sub Registrar Sub Registrar Office Thiruvottiyur Chennai 600 019.
8. The Block Development Officer/ Commissioner Sholavaram Panchayat Union Ponneri Taluk, Thiruvallur District.
9. Gebilal Alias B.Shanthilal 10.Kanchan 11.B.K.Vimalchand 12.K.Abhaya Kumar ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 5th and 8th respondents to remove the encroachments within the boundaries of the pond in Survey No.46 situated at Perungavur Village, Vichur Post, Ponneri Taluk, Thiruvallur District as per the records of the revenue Revision Survey and Re-Settlement Register (RSRS) of the Perungavur Village and restore the pond to its original condition as found in the records of the revenue department.
For the Petitioner : Mr.Abdul Mubeen For Mr.K.Ezhumalai For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mr.K.M.D.Muhilan Additional Government Pleader for Respondents 1 to 8
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.Abdul Mubeen, learned counsel for Mr.K.Ezhumalai, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for the respondents 1 to 8.
2. Learned counsel for the petitioner submits that S.No.46 at Perungavur Village, Vichur Post, is classified as a pond. The encroachment has been made on the said pond. The petitioner has given representation. But, no action has been taken.
3. Learned State Government Pleader submits that S.No.46 is classified as Ryot Punjai. Patta is already issued in favour of an
individual, namely 12th respondent.
4. If patta is already issued, remedy is available to challenge the patta before the appropriate authority under the provisions of the Tamil Nadu Patta Passbook Act.
5. In the light of that, the petitioner may take steps as may be permissible under law. In that event, all contentions of respective parties are kept open.
6. The writ petition is disposed of with the aforesaid observations. There will be no order as to costs. Consequently, W.M.P.No.24317 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.) 24.08.2023 Index :
Yes/No :
Yes/No kpl
To
1. The District Collector Collectorate Office Thiruvallur 602 001.
2. The District Revenue Officer Collectorate Office Thiruvallur 602 001.
3. The District Registrar Registration Department Veeraraghava Nagar Thiruvallur 602 001.
4. The Revenue Divisional Officer Revenue Divisional Office Ponneri 601 204, Thiruvallur District.
5. The Tahsildar Taluk Office, Ponneri 601 204 Thiruvallur District.
6. The Sub Registrar Sub Registrar Office No.2, Soothupakkam, Redhills Road Palavayal, Chennai 600 052.
7. The Sub Registrar Sub Registrar Office Thiruvottiyur, Chennai 600 019.
8. The Block Development Officer/ Commissioner Sholavaram Panchayat Union Ponneri Taluk, Thiruvallur District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 24.08.2023