Tamilnadu People Service Trust v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Tamil Nadu People Service Trust rep by its Founder K.Nataraj S/o Kuppan Airport Colony, Kamalapuram Post Omalur Taluk Salem District 636 309 ..
Petitioner v
1. The District Collector O/o the District Collector Salem District, Salem
2. The Sub Collector Mettur, Salem District
3. The District Registrar O/o the District Registrar of Registration Department Salem
4. The Tahsildar Omalur Taluk Office Salem District
5. The Special Tahsildar Adidravidar Welfare Department Omalur, Salem District ..
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to remove the encroachers in the vaikkal near in respect of the land in Survey No.78/3a, patta No.227 to the extent of 1 acre and 33 cents, Kottamettupatti Village, Adidravidar Colony, Omalur Taluk, Salem District and direct the third respondent to cancel the patta who are obtained by the encroachers and also direct the respondents 4 and 5 to hand over the said lands to land less persons who belonged to Adidravidars community, based on the representations of the petitioner dated 29.01.2022, 09.02.2022 and 21.10.2022 in the above same within stipulated time may be fixed by this Hon'ble Court. For Petitioner ::
Mr.M.Senthil Kumar For Respondents ::
Mr.P.Muthukumar State Government Pleader for R1 to R5
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has come to this Court praying for issuance of a writ of mandamus directing the District Collector, Salem District, the first respondent herein to remove the encroachers in the vaikkal in respect of the land in
Survey No.78/3A, Patta No.227 to an extent of 1 acre and 33 cents situated in Kottamettupatti Village, Adidravidar Colony, Omalur Taluk, Salem District and to direct the third respondent to cancel the patta obtained by the encroachers with a further direction to the respondents 4 and 5 to hand over the said lands to landless persons belonging to Adidravidar community, based on the representations of the petitioner dated 29.01.2022, 09.02.2022 and 21.10.2022 within a stipulated time fixed by this Court.
2. Having heard the learned counsel appearing for the petitioner, we are of the considered view that the petitioner has unnecessarily come to this Court seeking for removal of encroachments in the patta land bearing Patta No.227 comprised in Survey No.78/3A of Kottamettupatti Village, Omalur Village, Salem District. We have also seen the copy of the joint Patta No.929 issued in favour of Mrs.Chandra, W/o Vadivel, Mr.Kuppusamy, S/o Palanisamy, Mr.Arthanari, S/o Kandasamy Chettiyar, Mr.Janarthanan, S/o Kandasamy Chettiyar, Mr.Sivakumar, S/o Duraisamy Chettiyar, Mr.Thangavelu, S/o Sengoda Gounder & Mrs.Rehena Begum, W/o Abdul
Ravub with regard to the land covered in Survey No.78/3A. Moreover, no writ will lie against the removal of encroachment in a patta land. Therefore, the writ petition is dismissed. There is no order as to costs. Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 09.01.2023 ss To
1. The District Collector O/o the District Collector Salem District, Salem
2. The Sub Collector Mettur, Salem District
3. The District Registrar O/o the District Registrar of Registration Department Salem
4. The Tahsildar Omalur Taluk Office Salem District
5. The Special Tahsildar
Adidravidar Welfare Department Omalur, Salem District
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
ss 09.01.2023