Tamilarasi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Tamilarasi .. Petitioner Vs.
1 The District Collector Salem District Collector Office Salem.
2 The Revenue Divisional Officer O/o.The Revenue Divisional Officer Mettur Dam-636 401, Salem District.
3 The Assistant Director of Panchayats O/o.Salem District Collector Office Salem.
4 The Tahsildar Mettur Taluk Office Salem District.
5 The Executive Officer Jalakandapuram Town Panchayat Jalakandapuram, Salem District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to remove the encroachments made on the Oodai and also prevent the encroachers to construct the temple on the Oodai which is situated in S.No.98 in Soorapalli Village, 2nd Ward, Jakandapuram Town Panchayat, Mettur Taluk, Salem District based on the representation of the petitioner dated 25.03.2022.
For the Petitioner : Mr.M.Senthilkumar For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.P.Balathandayutham Spl. Government Pleader
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) Tamilarasi, wife of Raja, resident of 2nd Ward, Kuppampatti Road, Soorapalli Village, Mettur Taluk, Salem District, has filed this writ petition for issuance of a writ of mandamus directing respondents 1 to 5 to remove the encroachments made on the Odai and also prevent the encroachers from constructing a temple on the Odai which is situated in S.No.98 in Soorapalli Village, 2nd Ward, Jakandapuram Town Panchayat, Mettur Taluk, Salem District based on the representation of the petitioner dated 25.3.2022.
2. When the writ petition is taken up for hearing, Mr.P.Muthukumar, learned State Government Pleader appearing for the respondents, placing before us a copy of the revenue record, submitted that the land covered in S.No.98/1 is a Government poramboke land, which has in turn been classified as Grama Natham and Mayanam respectively.
3. Since the revenue record produced by learned State Government Pleader does not indicate that the land covered in S.No.98 and other sub-divisions in S.No.98 is Odai, we do not find any merit in the writ petition to direct the respondent authorities to remove the encroachments as prayed for by the petitioner
4. The writ petition fails and, accordingly, the same is dismissed. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 10.01.2023 Index : Yes/No
bbr To:
1 The District Collector Salem District Collector Office Salem.
2 The Revenue Divisional Officer O/o.The Revenue Divisional Officer Mettur Dam-636 401, Salem District.
3 The Assistant Director of Panchayats O/o.Salem District Collector Office Salem.
4 The Tahsildar Mettur Taluk Office Salem District.
5 The Executive Officer Jalakandapuram Town Panchayat Jalakandapuram, Salem District.
T.RAJA, ACJ.
AND D.BHARATHA CHAKRAVARTHY, J.
bbr 10.01.2023