Pitchai.A v. The District Collector

1 W.P.(MD)NO.13799 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.13799 of 2023 AND W.M.P.(MD)No.11637 of 2023 A.Pitchai ... Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The District Revenue Officer, O/o.District Revenue Office, Collectorate, Trichy.

3. The Tahsildar, Thiruverumbur Taluk, Thiruverumbur, Trichy District.

4. The Commissioner, Thuvakudi Municipality, Thuvakudi, Trichy District.

5. The Sub Registrar, O/o.Sub Registrar, Thiruverumbur, Trichy District.

6. The Executive Engineer, River Conservation Division(PWD), O/o.River Conservation Division, Trichy.

7. The Executive Engineer, TANGEDCO, Thuvakudi South Section Office, Thuvakudi, Trichy District.

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2 W.P.(MD)NO.13799 OF 2023

8. Jacob Jermaiah, S/o.Jermaiah, Udhayam Real Estate & Promotors, Plot No.23, Shop No.8, P.G.Complex 1st Floor, Backside Santhosh Mahal, Kailash Nagar, Kattoor, Trichy - 19.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to cancel the patta dated 25.01.1999 issued by the 2nd respondent and consequently directing the respondents Nos.1 to 7 to evict the encroachment in S.F.Nos.372/2, 372/3, 372/4 and 372/5 situated in Thuvakudi Village, Thiruverumbur Taluk, Trichy District made by the 8th respondent, based on the petitioner's representation dated 02.03.2023.

For Petitioner : Mr.S.Krishnan For Respondents : Mr.K.Balasubramani, Special Government Pleader for R-1 to R-3, R-5 & R-6.

Mr.M.Siddharthan, Standing counsel for R-4.

Mr.S.Deenadhayalan, Standing Counsel for R-7.

Mr.K.Govindarajan, for Mr.J.Lawrance for R-8.

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3 W.P.(MD)NO.13799 OF 2023

O R D E R

Heard the learned counsel on either side.

2. It is seen that considering the supreme sacrifice of grandfather of the eighth respondent, assignments were made in favour of his grandfather and mother in the year 1999. It is seen that the assignments were subject to certain terms and conditions.

3. Directing the eighth respondent to adhere to the terms and conditions of the assignment, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 22nd AUGUST 2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.13799 OF 2023 To:

1. The District Collector, Trichy District, Trichy.

2. The District Revenue Officer, O/o.District Revenue Office, Collectorate, Trichy.

3. The Tahsildar, Thiruverumbur Taluk, Thiruverumbur, Trichy District.

4. The Sub Registrar, O/o.Sub Registrar, Thiruverumbur, Trichy District.

5. The Executive Engineer, River Conservation Division(PWD), O/o.River Conservation Division, Trichy.

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5 W.P.(MD)NO.13799 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.13799 of 2023 22.08.2023 5/5