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Madras High CourtWP/25844/2023disposed of

S.Palanisamy v. The District Collector

2023-09-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Palanisamy ..

Petitioner Vs.

1. The District Collector Tiruppur District, Tiruppur.

2. The Tahsildar Uthukuli Taluk, Tiruppur District.

3. The Block Development Officer Uthukuli R.S., Uthukuli Taluk Tiruppur District.

4. The Executive Engineer Public Works Department Water Resource Organisation Gobichettipalayam.

5. The Village Panchayat President Sengalipalayam Village Uthukuli Taluk, Tiruppur District.

6. Vikash Agarwal ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to issue suitable administrative order so as to protect and preserve the existing water resource for hundred years namely, the Pond situated at Survey nos.148/3 and 148/4, Sengalipalayam Village, Uthukuli Taluk, Tiruppur District.

For the Petitioner : Mr.C.Munusamy For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.Munusamy, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 5.

2. According to learned counsel for the petitioner, the land in S.Nos.148/3 and 148/4 Sengalipalayam Village is a pond. Encroachment exists in the said pond.

3. Learned State Government Pleader submits that S.No.148/3

and 148/4 are patta lands. Patta has been issued in favour of the individuals.

4. According to learned counsel for the petitioner, the lands are required to be re-classified.

5. The petitioner will have to avail appropriate remedy under the statute. If patta is to be challenged, the procedure is prescribed under the Patta Passbook Act. The form is also provided. So also, with regard to re-classification, the petitioner may take appropriate steps.

6. With these observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.25289 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Tiruppur District, Tiruppur.

2. The Tahsildar Uthukuli Taluk, Tiruppur District.

3. The Block Development Officer Uthukuli R.S., Uthukuli Taluk Tiruppur District.

4. The Executive Engineer Public Works Department Water Resource Organisation Gobichettipalayam.

5. The Village Panchayat President Sengalipalayam Village Uthukuli Taluk, Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 25.09.2023