S.M.Udayasenapathy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.11.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY S.M.UDAYASENAPATHY .. Petitioner V
1. THE DISTRICT COLLECTOR KANCHIPURAM DISTRICT, COLLECTORATE, KANCHIPURAM - 631 501.
2. THE DISTRICT REVENUE OFFICER KANCHIPURAM DISTRICT, COLLECTORATE, KANCHIPURAM - 631 501.
3. THE REVENUE DIVISIONAL OFFICER KANCHIURAM DISTRICT, COLLECTORATE, KACHIPURAM - 631 501.
4. THE BLOCK DEVELOPMENT OFFICER OFFICE OF THE BLOCK DEVELOPMENT OFFICER
KACHIPURAM DISTRICT.
5. THE TAHSILDAR TALUK OFFICE, KANCHPURAM DISTRICT.
6. THE VILLAGE PANCHAYAT PRESIDENT ELAYANARVELORE VILLAGE PANCHAYAT, ELAYANARVELORE VILLAGE, KANCHIPURAM DISTRICT.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to remove the encroachments on the middle of the common road to access the petitioner's agricultural land, bearing Patta No.421 in Survey No.174, situated at Elayanarvelore Village, Walajabad Taluk, Kanchipuram District, as per the petitioner's representation dated 09.09.2024. For Petitioner : Mr.R.Anbalagan For Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Relief as prayed for in this petition cannot be granted. This is because petitioner's counsel admitted that the water tank was erected in poramboke land more than ten years ago. For ten years what he did, there is no explanation. Counsel for petitioner stated for last five years the water tank is unused.
2. Shri Prabakar, who has instructions from the Tahsildar by a communication dated 13.11.2024, states that the water tank is still being used by the public.
3. From the photograph annexed to the petition, it appears there is even a bore well connected to the water tank. Petitioner has also annexed certain photographs, from which it appears that the attempt is to mislead this court and take an order.
4. Counsel for petitioner made a generous offer to shift the whole water tank to some other place at his own cost. Therefore, it is quite clear that the purpose of filing this petition is only self-serving. It is also stated in
the petition that because of the water tank, petitioner is unable to move his tractors and continue his agricultural activities. How he managed to do that for ten years is also not explained.
In these circumstances, we find no merits. Writ Petition is dismissed. There shall be no order as to costs.
(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 14.11.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1. THE DISTRICT COLLECTOR KANCHIPURAM DISTRICT, COLLECTORATE, KANCHIPURAM - 631 501.
2. THE DISTRICT REVENUE OFFICER KANCHIPURAM DISTRICT, COLLECTORATE, KANCHIPURAM - 631 501.
3. THE REVENUE DIVISIONAL OFFICER KANCHIURAM DISTRICT, COLLECTORATE, KACHIPURAM - 631 501.
4. THE BLOCK DEVELOPMENT OFFICER OFFICE OF THE BLOCK DEVELOPMENT OFFICER KACHIPURAM DISTRICT.
5. THE TAHSILDAR TALUK OFFICE, KANCHPURAM DISTRICT.
6. THE VILLAGE PANCHAYAT PRESIDENT ELAYANARVELORE VILLAGE PANCHAYAT, ELAYANARVELORE VILLAGE, KANCHIPURAM DISTRICT.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(sasi) 14.11.2024