V.Egathammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR V. Egathammal Petitioner Vs.
1.
The District Collector Chengalpattu District Chengalpattu 2.
The Tahsildar Thiruporur Taluk Chengalpattu District 3.
The Block Development Executive Officer Thiruporur Union Chengalpattu District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to take further action to pass a direction to the second respondent to enquiry the encroachment without any proper intimation or notification by the Revenue Department of the third respondent and constructed Frozen Women's Health Complex and Tamil Nadu Government Rural Development Department TPR Block Moring Nursery and constructed Page Nos.1/10
the compound wall of the petitioner's land bearing Survey No.320/2, measuring about 10 cents situated at Vada Nemili Village, Thiruporur Taluk, Chengalpattu District, to consider the representation dated 22.01.2024 on the file of the first respondent in accordance with law to secure the ends of justice.
For petitioner Mr. E. Parthiban For respondents Mr. M.S. Arasakumar
ORDER
[made by M.SUNDAR, J.] Captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) has been filed with a mandamus prayer seeking action as regards Government constructions (Adi Dravidar Welfare Primary School and a small stage for performing ceremony for dead). 2.
Mr. E. Parthiban, learned counsel for writ petitioner, adverting to the case file, submits that the writ petitioner is concerned with Survey No.320/2 in No.45, Thiruvidandai Village, Tiruporur Taluk, Chengalpet District (hereinafter 'said land' for the sake of convenience and clarity).
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3.
Learned counsel submits that aforereferred Government constructions are being put up in said land which is patta land and that has necessitated the captioned WP.
4.
Issue notice to respondents.
5.
Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for all respondents and submits, on written instructions, that aforementioned constructions, no doubt, are being put up by Government but the same are being put up only in Survey No.320/1 admeasuring 0.67.0 ares and not in said land (Survey No.320/2) which, admittedly, is a patta land.
6.
Learned State counsel has placed before us the written instructions received by him (written instructions from R2) together with a sketch and Revenue record extracts, scanned reproduction of which is as follows:
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7.
To be noted, captioned WP is taken up in the Admission Board with the consent of learned counsel on both sides owing to the limited scope of the same.
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8.
As writ petitioner is concerned only with said land, in the light of the submission of learned State counsel, we deem it appropriate to dispose of the captioned WP as closed recording the stated position of learned State counsel. Though obvious, we make it clear that if there are any discrepancies or disputations qua said land, it is open to the writ petitioner to file a civil suit and all the rights and contentions of the writ petitioner in this regard are preserved. In other words, if the writ petitioner files a civil suit, the same will proceed on its own merits and in accordance with law untrammelled by this order.
Captioned WP stands disposed of in the aforesaid manner. There shall be no order as to costs.
(M.S., J.) (K.R.S., J.) 09.01.2025 cad Index :
Yes/No Internet :
Yes/No Page Nos.9/10
M.SUNDAR, J.
and K.RAJASEKAR, J.
cad To 1.
The District Collector Chengalpattu District Chengalpattu 2.
The Tahsildar Thiruporur Taluk Chengalpattu District 3.
The Block Development Executive Officer Thiruporur Union Chengalpattu District 09.01.2025 Page Nos.10/10