P.Chinnasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Chinnasamy ... Petitioner -vs1.The District Collector Madurai District Madurai 2.The Revenue Divisional Officer Usilampatti Madurai District 3.The Block Development Officer Sedapatti Union Sedapatti, Madurai District 4.The Tahsildar Peraiyur Taluk Madurai District 5.Chellammal 6.Vempadiyan

7.S.Ganesan 8.S.Mariappan 9.M.Ganesan 10.T.Ramachandran 11.T.Thangavel 12.P.Eswaran 13.K.Ramar 14.Mariappan 15.Muniraju ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the private respondents in Survey No.17/1 (Oorani, Survey No.17/8 (Pillaiyar Kovil belonging to village) and Survey No.21/8 (Oorani), situated at P.Sangaralingapuram Village, Ezhumalai Taluk, T.Ramanathapuram Post, Madurai District, by considering the petitioner's representation dated 27.06.2022.

For Petitioner :

Mr.G.S.Senthilkumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R4

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition is for a mandamus directing the respondents 1 to 4 to take action to remove encroachments made by the respondents 5 to 15 in Survey Nos.17/1, 17/8 and 21/8 of P.Sangaralingapuram Village, Ezhumalai Taluk, T.Ramanathapuram Post, Madurai District.

2. Though the petitioner in the affidavit claimed that the lands in Survey Nos.17/1, 17/8 and 21/8 of P.Sangaralingapuram Village are classified as "Oorani", "Pillaiyar Kovil" and "Oorani" respectively, a perusal of the records produced by the petitioner himself shows that the lands in Survey Nos.17/1 and 21/8 are classified as "Natham" and the land in Survey No.17/8 is classified as "Pillaiyar Kovil".

3. Section 2 of the Tamil Nadu Land Encroachment Act, 1905 excludes the applicability of Act to the lands classified as "House Site" or "Temple Site" and this Court has consistently held that the lands, which are

classified as "House Site" or "Temple Site" do not vest with the Government. Therefore, the prayer of the petitioner cannot be granted.

4. Hence, the writ petition is dismissed. It is left open to the petitioner to approach the appropriate Civil Court. No costs. [R.S.M., J.] [L.V.G., J.] 10.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Block Development Officer, Sedapatti Union, Sedapatti, Madurai District.

4.The Tahsildar, Peraiyur Taluk, Madurai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 10.03.2023