K.P.Lazar, v. State Of Tamil Nadu, Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)Nos.6369 & 6370 of 2019 K.P.Lazar ... Petitioner Vs.

1.State of Tamil Nadu, Rep., by the Principal Secretary to Government, Department of Revenue, Secretariat, Chennai-600 009.

2.The District Collector, Tiruchirappalli District, Tiruchirappalli.

3.The Revenue Divisional Officer, Srirangam Revenue Division, Tiruchirappalli District.

4.The Tahsildar, Taluk Office, Manapparai.

5.The Executive Engineer, Tamil Nadu Generation and 1/5

Distribution Corporation Limited, Near R.V.Mahal, Manapparai.

6.The Sub-Registrar, Manapparai.

7.Pitchaimuthu

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the patta bearing No. 91 issued to the 7th respondent in Survey No.140/2 of V.Periyapatti Village, Manapparai Taluk, Tiruchirappalli District and restore the Poolankulam Tank to its entire extent of 12.13 acres in Survey No.140/2 of V.Periyapatti Village, Manapparai Taluk, Tiruchirappalli District and maintain the same free from any encroachment.

For Petitioner : Mr.T.M.Madasamy For R1 to R4 : Mr.P.Thilak Kumar, & R6 Government Pleader For R5 : Mr.S.Deenadhayalan For R7 : Mr.N.S.Karthikeyan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The learned counsel appearing for the petitioner would submit that the subject land is classified as 'Kulam'. However, in respect of the water body, patta has been illegally granted in favour of the 7th respondent. 2/5

2.Several allegations are raised against the 7th respondent by stating that he was holding the post of President and by abusing his powers, he secured the patta illegally in respect of the water body and therefore, actions are to be initiated. 3.Under the provisions of Tamil Nadu Patta Passbook Act, 1983, the petitioner is at liberty to prefer an appeal before the Revenue Divisional Officer / 3rd respondent for cancellation of patta. In the event of filing any such appeal, the Revenue Divisional Officer / 3rd respondent having jurisdiction is directed to adjudicate the issues on merits by affording opportunity to all the parties and decide as to whether the subject property is water body or Government Poramboke land and if so, pass appropriate orders, cancelling the patta and resume the water body, which is to be maintained for the benefit of the people at large. 4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (A.D.M.C., J.) 30.06.2025 NCC : Yes / No Index : Yes / No Yuva 3/5

To 1.The Principal Secretary to Government, State of Tamil Nadu, Department of Revenue, Secretariat, Chennai-600 009.

2.The District Collector, Tiruchirappalli District, Tiruchirappalli.

3.The Revenue Divisional Officer, Srirangam Revenue Division, Tiruchirappalli District.

4.The Tahsildar, Taluk Office, Manapparai.

5.The Sub-Registrar, Manapparai.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 30.06.2025 5/5