M.Rajkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.VADAMALAI M.Rajkumar ... Petitioner Vs.

1.The District Collector Trichy District, 2.The Revenue Divisional Officer, Vannarkovil, Trichy District, 3.The Tahsildar Thiruvanaikovil,

4.The Block Development Officer Anthanallur Panchayat, Srirangam, Trichy District.

5.The President Uthamarseeli Panchayat, 6.The Head Surveyor Srirangam, .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents to remove the encroachment made by the encroachers in the Village Natham Poramboke land for getting basic facilities through the Government scheme and also survey the land in Survey No.241/6, situated at Uthamarseeli, Srirangam Taluk, Trichy District, by considering the Petitioner's representation, dated 18.07.2023.

For Petitioner : Ms.R.Yamuna For Respondents : Mr.P.Thilak Kumar Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Ms.R.Yamuna, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents.

2. The learned counsel for the petitioner submits that the Government School exists in Survey No.241/6. The land has been used as playground for the School and the same has been fenced. The authorities are not taking any steps to remove the encroachment.

3. The petitioner admits that the land in question is a Natham Poromboke land that is meant for residential purpose. There is nothing to substantiate that Survey No.241/6 is reserved for playground or for any other public purpose. It is submitted by the learned counsel for the petitioner that pattas are issued.

4. If pattas are issued, the right is vested with the person in whose favour the pattas are issued. In case, any person is aggrieved by the issuance of patta, then the provision exists in the Patta Passbook Act to question the same.

5. In the light of above, there is no case for interference.

6. The Writ Petition stands dismissed. No costs. [S.V.G., C.J.] [P.V.M., J.] 28.08.2023 Index : Yes / No RM

To 1.The District Collector Trichy District, 2.The Revenue Divisional Officer, Vannarkovil, Trichy District, 3.The Tahsildar Thiruvanaikovil, 4.The Block Development Officer Anthanallur Panchayat, Srirangam, Trichy District.

5.The President Uthamarseeli Panchayat, 6.The Head Surveyor Srirangam,

THE HONOURABLE CHIEF JUSTICE and P.VADAMALAI , J.

RM 28.08.2023