Madras High CourtWP(MD)/1123/2023disposed of

Kattabomman V v. The District Collector

2023-11-23Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.1040 and 1041 of 2023 V.Kattabomman ... Petitioner Vs.

1.The District Collector, Collectorate, Tenkasi District.

2.The District Revenue Officer, Collectorate, Tenkasi District.

3.The Executive Engineer, Chitraru Basin Division, Tenkasi Post & District.

4.Subbamal, 5.The President, Kambaneri Village Panchayat, Senthamaram Via, Kadayanallur Taluk, Tenkasi District.

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6.Sumithra ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 to 3 and 5 from reclassify the land comprised in Survey No.313/8 Kambaneri, Pudhukudi Village, Kadayanallur Taluk, Tenkasi District from Punjai land to commercial land and consequently direct the Respondents 1 to 3 to fill up the water in Pungkantha Tank from the 12 sluice of Karuppanathi Dam channel periodically as per the water level maintained by the 3rd respondent department and further injected the 4th respondent from constructing the Petrol Bunk in the water catchment area of Pungkantha Tank, Valasai Village, Kadayanallur Taluk, Tenkasi District.

For Petitioner : Mr.K.Dinesh For Respondents : Mr.P.Thilak Kumar, Government Pleader for R1 to R3.

ORDER

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents 1 to 3. 2/4

2.After going through the materials on record, we are more than satisfied that the petition mentioned land is a patta land. The classification of the land has been changed. As on date, a petrol bunk is very much functioning.

3.In these circumstances, we are of the view that interference is not warranted and the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 23.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Collectorate, Tenkasi District.

2.The District Revenue Officer, Collectorate, Tenkasi District.

3.The Executive Engineer, Chitraru Basin Division, Tenkasi Post & District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 23.11.2023 4/4