Karuppu.V v. The District Collector
1 W.P.(MD)NO.2597 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.2597 of 2024 V.Karuppu ... Petitioner Vs.
1. The District Collector, Madurai District, Madurai.
2. The District Revenue Officer, Madurai District.
3. The Revenue Divisional Officer, Melur Division, Madurai.
4. The Tahsildar, Melur Taluk, Madurai.
5. The Commissioner, Kottampatti Panchayat Union, Kottampatti, Madurai District.
6. The Block Development Officer, (Village Panchayat), Kottampatti Panchayat Union, Kottampatti, Madurai District.
1/7
2 W.P.(MD)NO.2597 OF 2024
7. The President, Kottampatti Panchayat, Kottampatti, Madurai District.
8. Mugamathu Ibrahim
9. Parvathi
10. Shanmugam 11.Keethanjali 12.Prabhuram 13.Perumal 14.Nagarajan 15.Chellammal 16.Gunasekaran 17.Ramzan 18.Raja Mohhamed 19.Sat Mohhamed 20.Abdul Salam 21.Rasia Beevi 22.Mallika 23.Muneeswaran 24.Sikith 25.Rajendran
26. Santhi
27. Dhanabal 28.Raja Mohhamed 29.Mookaiah 30.Bhanumathi 31.Thangaraj 32.Gunasekaran 33.Ragumathbegam 34.Pandiammal 35.Santhi 36.Muthupetchi 37.Parameshwari 38.Ramesh 39.Pandi 40.Ganeshan 2/7
3 W.P.(MD)NO.2597 OF 2024 41.Murugeshan 42.Ravichandran 43.Raman 44.Bazhariya 45.Fatima Beevi 46.Amutha 47.Mariammal 48.Radha 49.Parisha Beevi 50.Rajammal 51.Arumugam 52.Veerakumari 53.Mohhamed Sharibu 54.Kaja Maideen 55.Kowsalya 56.Thuraipandi 57.Gopal 58.Leela ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 to cancel the sub division of S.No.264/12B1 and 264/12B2 of Vallikon Kulam and S.No.247/1 of Konar Kulam and S.No.202 Public Pathway and cart track in Kottampatti Village, Melur Taluk and to remove the encroachments made upon the water bodies and the public pathway and cart track and to restore the same in its original position as shown in the settlement register and the corresponding field map sketch, within the time limit that may be fixed by this Court.
For Petitioner : Mr.M.Karthikeya Venkitachalapathy For R-1 to R-7 : Mr.K.Balasubramani, Special Government Pleader.
3/7
4 W.P.(MD)NO.2597 OF 2024 For R-13 : Mr.M.Kannan For R-15,R-17,R-18 R-26 to R-28,R-36 R-54 : Mr.C.Jeganathan For R-25 to R-29 & R-47 : Mr.S.Jeyaraj For R-14,R-23,R-35, R-46,R-50,R-53, R-56&R-58 : No appearance.
* * *
O R D E R
Heard both sides.
2. The petitioner primarily questions the Sub Division effected in survey Nos.264/12B1 and 264/12B2 Kottampatti Village. The petitioner points out that the entire survey number was originally classified as water body. This submission is well founded. But then, way back on 04.06.1968, the District Collector, Madurai had issued proceedings for reclassifying the said survey numbers. He also assigned a portion of the said lands in favour of 46 persons as per the proceedings. It is seen therefrom that 2.86 acres out of 4.16 acres was retained as water body and the remaining lands were assigned to 4/7
5 W.P.(MD)NO.2597 OF 2024 individuals. This reclassification took place before UDR and as a result, survey No.264/12B1 is classified as Grama Natham. When these changes have been made several decades ago, it would not be fair to interfere at this point of time.
3. We direct the official respondents to ensure that survey No.264/12B2 is maintained as water body for all times to come. Similar direction is issued for survey No.247/1 also. This writ petition stands disposed of accordingly. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 25th February 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 5/7
6 W.P.(MD)NO.2597 OF 2024 To:
1. The District Collector, Madurai District, Madurai.
2. The District Revenue Officer, Madurai District.
3. The Revenue Divisional Officer, Melur Division, Madurai.
4. The Tahsildar, Melur Taluk, Madurai.
5. The Commissioner, Kottampatti Panchayat Union, Kottampatti, Madurai District.
6. The Block Development Officer, (Village Panchayat), Kottampatti Panchayat Union, Kottampatti, Madurai District.
7. The President, Kottampatti Panchayat, Kottampatti, Madurai District.
6/7
7 W.P.(MD)NO.2597 OF 2024 G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.2597 of 2025 25.02.2025 7/7