Ramesh N. Patel v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.13189 of 2022 Ramesh N. Patel ... Petitioner /Vs./

1. The District Collector, Trichy District, Trichy.

2. The District Revenue Officer 11, Collector Office Road, Trichy - 620 001.

3. The Assistant Director of Fisheries, Tiruchirappalli East, Quaide Millath Street, Buchireddypalam, Kajanagar, Edamalaipatti Pudur, Tiruchirappalli East, Trichy - 620 008.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from anyway 1/5

interfering the petitioner's peaceful possession and enjoyment of the land in R.S. No.145/5B and 145/12B situate in Panjapur Village, Trichy Taluk, Trichy District, based on the representation of the petitioner dated 15.07.2022.

For Petitioner : Mr.S.Sankarapandian for Mr.Arulvadivel @ Sekar For Respondents : Mr.D.GandhiRaj Special Government Pleader

ORDER

This writ petition has been filed for a direction, forbearing the respondents from anyway interfering the petitioner's peaceful possession and enjoyment of the land in R.S. No.145/5B and 145/12B situate in Panjapur Village, Trichy Taluk, Trichy District.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner owned property comprised in R.S. No.145/5B and 145/12B situated in Panjapur Village, Trichy Taluk, Trichy District, 2/5

to an extent of 0.190 Hectares and 0.23.0 Hectares. It was acquired by the registered sale deed dated 11.01.2008 from one V.Karunanithi and five others. While being so, the third respondent informed that a portion of the petitioner's property has been given to Fisheries department by the order of the second respondent, as if it was transferred in its favour by the second respondent and the subject land owned by the third respondent.

4. On instructions, the learned Special Government Pleader, submitted that the subject property classified as Sarkar poromboke situated in Panjapur Village, Trichy Taluk, Trichy District, were transferred in favour of the third respondent by the proceedings in R.C.No.B3/317/2022 dated 22.06.2022. Therefore, the subject lands were not transferred in favour of the third respondent.

5. In view of the above, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, without any due process of the law. 3/5

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 22.01.2025 Index : Yes / No NCC : Yes / No LS TO:-

1. The District Collector, Trichy District, Trichy.

2. The District Revenue Officer 11, Collector Office Road, Trichy - 620 001.

3. The Assistant Director of Fisheries, Tiruchirappalli East, Quaide Millath Street, Buchireddypalam, Kajanagar, Edamalaipatti Pudur, Tiruchirappalli East, Trichy - 620 008.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

22.01.2025 5/5