Annadurai v. M. Pitchai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P.(MD)No.5555 of 2025 and W.M.P.(MD)Nos.8404 & 8405 of 2025 Annadurai ... Review Applicant / 5th Respondent Vs.

1.M.Pitchai ... 1st Respondent / Petitioner 2.The District Collector / Chair Person, Divisional Monitoring Committee, Trichy District, Trichy.

3.The Revenue Divisional Officer, Vannar Kovil, Trichy.

4.The Tahsildar, Srirangam Taluk, 1/4

5.The Block Development Officer (Village Panchayat) Manikandan Block Development Office, Manikandan, ... Respondents 2 to 5 / Respondents 1 to 4 PRAYER: Petition filed under Order 47 Rule 1 & 2 r/w Section 114 of C.P.C., praying to review the order passed by the Division Bench of this Court dated 04.03.2025 in W.P.(MD)No.5555 of 2025.

For Review Applicant : Mr.B.Jameelarasu For Respondents : Mr.K.Balasurbamani Special Government Pleader for R2 to R5

ORDER

Heard the learned counsel for the review applicant and the learned Special Government Pleader for the official respondents.

2. The review applicant figured as fifth respondent in W.P.(MD)No. 5555 of 2025 filed by one Pitchai. The said writ petition was disposed of by us on 04.03.2025 in the following terms:- "3. The learned Special Government Pleader confirms that Survey No.95 of Thirumalaisamdram Village is a water body. The petitioner alleges that there are encroachments in the said water body. 2/4

4. The third respondent is directed to issue notice to the private respondents and other encroachers if any, conduct survey and if the encroachments are notices, then by adhering to due process of law, the encroachments shall be removed. The entire exercise will be completed within a period of three months from the date of receipt of a copy of this order." Seeking review of the said order, this review application has been moved. 3.The learned counsel for the review applicant submits that Survey No.95, Thirumalaisamdram Village is not a water body as per the old settlement register. Even in the revenue record relied on by the applicant, old Survey No. 79 has been classified as "ghl;il". "ghl;il" means road. It is also objectionable encroachment. The applicant admittedly is not having any title or patta over the same. In the UDR also, old Survey No.79 corresponding to new Survey No.95 has been classified as water body ("vari").

4. We are satisfied that the order passed by us does not suffer any error apparent on the face of the record. This Review Application is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 24.04.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/4

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

rmi To 1.The District Collector / Chair Person, Divisional Monitoring Committee, Trichy District, Trichy.

2.The Revenue Divisional Officer, Vannar Kovil, Trichy.

3.The Tahsildar, Srirangam Taluk, 4.The Block Development Officer (Village Panchayat) Manikandan Block Development Office, Manikandan, in W.P.(MD)No.5555 of 2025 24.04.2025 4/4