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Madras High CourtWP(MD)/18198/2025disposed of

Karuthapandi v. The District Revenue Officer

2025-08-04Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.18198 of 2025 and W.M.P(MD)No.13959 of 2025 Karuthapandi ... Petitioner .Vs.

1.The District Revenue Officer, Madurai.

2.The Tahsildar, Peraiyur, Madurai District.

3.The Village Administrative Officer, Kethuvarpatti Village, Peraiyur Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 to correct the erroneous revenue records by directing the respondents to consider the Petition. For Petitioner : Mr.P.Rajalingam 1/5

For Respondents : Mrs.S,Jeya Priya 1 to 3 Govt. Advocate

O R D E R

The Writ Petition is filed seeking a direction to the respondents 1 to 3 to correct the erroneous revenue records by considering the Petitioner's petition to the District Revenue Officer, Usilampatti, Madurai District.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.According to the Petitioner, he owns land in S.Nos.107/4, 109/1,107/2,110/4,110/5,95/3 and 95/5 in Kethuvarpatti Village, Peraiyur Taluk, Madurai District. In the FMB for the subject property, there is a mention about the north-south 'Odai'. However, on ground, there is no north-south 'Odai'. Therefore the Petitioner submitted a representation to the first respondent seeking rectification of FMB for the subject property. The same has not been considered till date. Hence, the Petitioner has filed the present Writ Petition for the relief stated supra. 4.The second respondent filed a counter affidavit and opposed the Writ Petition on the ground that the 'Odai' is 2/5

running through the above mentioned properties of the Petitioner, changed its course naturally and the Government has also constructed a Check Dam across the existing 'Odai' at the cost of Rs.30 lakhs. Now the Petitioner has encroached the 'Odai' portion. Therefore the Petitioner was issued with a notice under Section 7 of the Tamil Nadu Land Encroachment Act. The Petitioner, without submitting the objection for the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, has approached this Court seeking disposal of his representation. 5.In view of the definite stand taken by the second respondent in the counter that Section 7 notice has already been issued to the Petitioner, it is for the Petitioner to file his objections, if any, to the said notice. If such objection is filed by the Petitioner, the same shall be considered by the District Collector, Madurai in accordance with law.

6.With these directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

04.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn 3/5

To 1.The District Revenue Officer, Madurai.

2.The Tahsildar, Peraiyur, Madurai District.

3.The Village Administrative Officer, Kethuvarpatti Village, Peraiyur Taluk, Madurai District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN 4/5

W.P(MD)No.18198 of 2025 and W.M.P(MD)No.13959 of 2025 04.08.2025 5/5