N.Rajakani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.1 of 2015 N.Rojakani ... Petitioner Vs 1.The District Collector, 2.The Revenue Divisional Officer, The Revenue Divisional Office, Pattukkottai Taluk, 3.The President, Rowthanvayal Panchayat, Ammanichatram Post, 4.The District Planning Organiser, Sarva Shikshya Abiyan (S.S.A), Collector Office Building, Court Road, 1/6

5.The Block Development Supervisor, Iruppu Kuruvi Karambai, Kururi Karambai Post, 6.The HeadMaster, Panchayat Union Middle School, Rowthanvayal Panchayat Union, Ammanichatiram Post, 7.The Inspector of Police, Sethubavachathiram Police Station, 8.M.Thasdhagir 9.A.Sabeetha 10.A.Mohamed Ali 11.A.Mohamed Arif 12.A.Kamarunisha ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 6 from trespassing into petitioner's properties comprised in S.F.No.31/44 to an extent 7 cents, 31/47 to extent of 06. acres and in S.F.31/53 to an extent of 2180 sq.ft. Rowthanvayal Village, Sambaipattinam, Post, Peravoorani Taluk, Thanjavur District at the guise of putting up any building construction for the sixth respondent or in any manner whatsoever by consideration petitioner's representation dated 04.04.2015.

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For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr.N.GA.Natarajan Government Advocate for R.1 to R.6 Mr.A.Albert James Government Advocate (Criminal Side) for R.7

ORDER

Heard both sides.

2. The petitioner claims right over the petition mentioned land comprised in S.F.No.31/44 (7 cents), S.F.No.31/47 (0.6 acres) and S.F.No.31/53 (2180 sq.ft) in Rowthanvayal Village, Sambaipattinam, Post, Peravoorani Taluk, Thanjavur District.

3. When the matter was taken up for final hearing, the learned Government Advocate clarified that the respondents have no claim whatsoever in S.F.No.31/44 and S.F.No.31/53. They however asserted that S.F.No.31/47 belongs to Pallivasal and Pallivasal has no objection for putting up a school in the said site.

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4. The petitioner is not able to produce parent title document or revenue record in his favour in respect of S.F.No.31/47. Therefore, the petitioner's claim over S.F.No.31/47 is rejected. In respect of the other two survey numbers, Mandamus sought for is granted.

5. This writ petition is partly allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 04.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, 2.The Revenue Divisional Officer, The Revenue Divisional Office, Pattukkottai Taluk, 3.The President, Rowthanvayal Panchayat, Ammanichatram Post, 4/6

4.The District Planning Organiser, Sarva Shikshya Abiyan (S.S.A), Collector Office Building, Court Road, 5.The Block Development Supervisor, Iruppu Kuruvi Karambai, Kururi Karambai Post, 6.The HeadMaster, Panchayat Union Middle School, Rowthanvayal Panchayat Union, Ammanichatiram Post, 7.The Inspector of Police, Sethubavachathiram Police Station, 5/6

G.R.SWAMINATHAN, J.

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