Palanisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Palanisamy ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul - 624 004.

2.The District Revenue Officer, Dindigul Revenue Office, Velunachiyar Complex, Thadikombu Road, Chettinayanpatti, Dindigul - 624 004.

3.The Tahsildar, Dindigul West Taluk Office, Gandhi Market Road, Dindigul District - 624 001.

4.Perumal 5.Kalimuthu 6.Ponkodi 1/6

7.Hariharan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st to 3rd respondent to made entry in the revenue records in Survey Nos.2222, 2226, 2227 and 2228 as water outlet channel width of 20 feet's wide (Odai), from Karyakoundan Kulam which is straightly connect with Kodaganar River and consequently to remove the encroachments made by the 4th to 7th respondents in Survey Nos.2222, 2226, 2227 and 2228, Kakkathoppu, Agaram Village, Dindigul West Taluk, Dindigul District, and maintain the water outlet channel maintaining properly by the 1st to 3rd respondents, and consider the petitioner representation on 04.11.2024, within the stipulated time period as may be fixed by this Court.

For Petitioner : Mr.S.Sankar For Respondents : Mr.S.R.A.Ramachandran, Addl. Government Pleader for R1 to R3.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the official respondents. 2/6

2.The petitioner wants changes to be made in the revenue record in respect of the petition mentioned survey numbers. According to the petitioner, water from Karyakoundam Kulam is flowing to Kodaganar river through the said survey numbers and that therefore, they should be re-classified as water body.

3.The learned Additional Government Pleader submits that the survey numbers for which re-classification is sought are actually patta lands. The petitioner has also not placed any material to show that through the petition mentioned survey numbers, an odai is running. In these circumstances, in writ proceedings, relief cannot be granted. It is for the petitioner to work out his rights in the manner known to law. 4.This writ petition is dismissed accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 20.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector, Dindigul District, Dindigul - 624 004.

2.The District Revenue Officer, Dindigul Revenue Office, Velunachiyar Complex, Thadikombu Road, Chettinayanpatti, Dindigul - 624 004.

3.The Tahsildar, Dindigul West Taluk Office, Gandhi Market Road, Dindigul District - 624 001.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 20.03.2025 6/6