Victoriya Jeeva v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.4593 of 2025 Victoriya Jeeva ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Iluppur Division, Pudukkottai District.

3.The Tahsildar, Kulathur Taluk, Kulathur, Pudukkottai District.

4.The Revenue Inspector, Mathur Range, Kulathur Taluk, Pudukkottai District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from evicting the petitioner from the land situated in Survey No.195 of Mathur Village, Kulathur Taluk, Pudukkottai District to an extent of 2 Acres without due process of law. For Petitioner : Mr.N.Ananda Kumar For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader

ORDER

Heard both sides.

2.The prayer made in the writ petition is that the petitioner should not be dispossessed except by following due process of law. 3.Survey No.195, Mathur Village is very much a water body (Vari). The petitioner does not have a semblance of right or title over the said water body.

4.The learned Additional Government Pleader informs the Court that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was 2/4

served on Ramesh, S/o.Rengasamy and Rengasamy, S/o.Sathappan. The said noticees appear to have executed an unregistered sale deed in favour of the petitioner purporting to convey Survey No.195, Mathur Village. 5.We fail to understand as to how a water body can be sold and that too through an unregistered instrument. These transactions cannot receive judicial imprimatur. The petitioner has no right as such. We decline to grant relief.

6.This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 11.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector / Monitoring Committee, Pudukkottai District, Pudukkottai.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 2.The Revenue Divisional Officer, Iluppur Division, Pudukkottai District.

3.The Tahsildar, Kulathur Taluk, Kulathur, Pudukkottai District.

4.The Revenue Inspector, Mathur Range, Kulathur Taluk, Pudukkottai District.

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