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Madras High CourtCRP(MD)/377/2020dismissed

A.P.Sundari v. The Govt. Of Tamil Nadu

2020-02-28Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI C.R.P(MD) No.377 of 2020 1.A.P.Sundari 2.P.Ramesh 3.P.Arunadevi 4.R.Murugesan 5.R.Selvam ... Petitioners/Plaintiffs Vs.

1.The Government of Tamil Nadu Represented through its District Collector, Madurai District, Madurai.

2.The Tahsildar Madurai East, Othakadai, Madurai.

3.The Executive Engineer, Public Works Department, Water Resource Organization, Tallakulam, Madurai.

4. The Assistant Engineer, Public Works Department, Water Resource Organization, Tallakulam, Madurai.

5.The Deputy Director of Panchayat, Madurai East Panchayat Union, Madurai - 625 002.

6.The Executive Officer, Othakadai Panchayat, Othakadai, Madurai - 625 023.

... Respondents /Defendants Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside rejection order dated 01.11.2019, in un-numbered Original Suit No.. of 2019 on the file of the District Munsif, Melur, Madurai District. For Petitioners : Mr.A.Haja Mohideen For Respondents : Mr.K.Mu.Muthu Additional Government Pleader 1/3

ORDER

Heard both sides.

2. On the side of the petitioners, it is stated that the petitioners are in occupation of a place, which is not within the water body, to prove the same, the petitioners request an appointment of an Advocate Commissioner. It is further stated that their neighbours were given patta by the Government and prayed a direction to the lower Court, to number the suit.

3. On the side of the respondents, it is stated that the suit property is a water body and it is not a Natham Poromboke and that the petitioners filed writ petitions and failed in his efforts. Under the Land Encroachment Act, the trial Court is not having jurisdiction to entertain the suit.

4. An endorsement in the copy of adangal that the petitioners are residing behind a water body will not confer any right to the petitioners.

5. Admittedly, the suit property is not a Natham Poromboke, the petitioners have no locus standi to claim the suit property and they are only Encroachers. The Civil Court is not having jurisdiction to entertain the suit under the Tamil Nadu Land Encroachment Act. Hence, this Civil Revision Petition is dismissed. No costs.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To 1.The District Munsif, Melur, Madurai District.

2. The District Collector, Madurai District, Madurai.

3.The Tahsildar Madurai East, Othakadai, Madurai.

2/3

4.The Executive Engineer, Public Works Department, Water Resource Organization, Tallakulam, Madurai.

5.The Deputy Director of Panchayat, Madurai East Panchayat Union, Madurai - 625 002.

6. The Assistant Engineer, Public Works Department, Water Resource Organization, Tallakulam, Madurai.

7.The Executive Officer, Othakadai Panchayat, Othakadai, Madurai - 625 023.

copy to The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.A.HAJAMOHIDEEN, Advocate ( SR-9546[F] dated 02/03/2020 ) +1 CC to SPL.GP ( SR-9653[F] dated 02/03/2020 ) 28.02.2020 VB(13.03.2020) 3P 12C 3/3