Kanagaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.18598 of 2021 Kanagaraj ... Petitioner -vs1.The District Collector, Theni District.
2.The District Revenue Officer, Theni District.
3.The Thasildar, Theni Taluk, Theni District.
4.The Block Development Officer, (Village Panchayats), Theni Panchayat Union, Theni District.
5.The President, Upparpatti Panchayat, Theni Taluk / District.
6.Somasundaram President, Upparpatti Panchayat, Theni Taluk / District.
... Respondents 1/9
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 4 and 5 from laying the road in the petitioner's patta land in S.No.235/2, measuring 1.18.0 Hectares in Upparpatti Village, Theni Taluk / District and then direct them to remove the pipeline already laid by them in a portion of the said land illegally.
For Petitioner :
Mr.R.Suiryanarayanan For R1 to R3 :
Mr.A.K.Manikkam Special Government Pleader For R4 :
Mr.V.Nirmal Kumar For R5 :
Mr.K.Muthu Ganesa Pandian
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents 4 and 5 from laying a road in the Patta land belonging to the petitioner in Survey No.235/2 and for a further direction to remove the pipeline already laid in a portion of the said land.
2. The grievance of the petitioner is that he is the absolute owner of the land in Survey No.235/2 and that an attempt was being made by the respondents 4 and 5 to lay a road in his Patta land. In view of the same, the present Writ Petition was filed before this Court. 2/9
3. The respondents 5 and 6 have filed counter affidavits. The relevant portions in the counter affidavits are extracted hereunder:- 3/9
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4. Heard the learned counsel appearing for the parties.
5. The counter affidavits filed by the respondents 5 and 6 make it clear that the petitioner had already approached this Court and filed W.P.(MD)No. 584 of 2014, contending that the property belonging to him in Survey No. 235/2 has been wrongly entered as 0.92.0 Hectare instead of 1.18.0 Hectare. Pursuant to the directions issued by this Court, the District Revenue Officer through proceedings, dated 09.10.2014, directed the Tahsildar to make necessary changes in the Village and Taluk revenue records. The necessary changes were also carried out by the Tahsildar and it was informed through Memo, dated 13.11.2014. It is further seen that the petitioner filed yet another Writ Petition in W.P.(MD)No.15567 of 2015, for a direction to the Tahsildar to make mutations in the Field Measurement Book [FMB] for Survey No.235/2.
Based on the directions issued by this Court, the Tahsildar also passed an order through proceedings, dated 02.02.2016. The petitioner was informed that the request made by him cannot be acted upon. It is also clear from the counter affidavits of the respondents 5 and 6 that as per the measurement that are available in the FMB Sketch, there is no encroachment found in the land belonging to the petitioner and the pathway is in existence from 2012 onwards.
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6. Apart from the above, the petitioner had earlier filed yet another Writ Petition in W.P.(MD)No.17819 of 2021, on the ground that encroachments have been made in the Streets belonging to the Panchayat and this Writ Petition was closed after recording that no encroachment was made. Even though this Writ Petition may not have much of relevance to the present issue in this Writ Petition, it only shows that the petitioner has been repeatedly knocking the doors of this Court with one issue or the other.
7. In the instant case, the extent of the property in Survey No.235/2 was already in dispute and the Tahsildar had passed an order in this regard in the year 2016. This was never put to challenge and all of a sudden, the petitioner is once again reopening the issue by making a representation in the year 2021. As per the measurement available in the FMB Sketch, the respondents 5 and 6 have taken a specific stand that no encroachments were made in the land belonging to the petitioner. In view of the same, no further orders can be passed in this Writ Petition.
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8. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 21.11.2023 Index : Yes/No smn2 To 1.The District Collector, Theni District.
2.The District Revenue Officer, Theni District.
3.The Thasildar, Theni Taluk, Theni District.
4.The Block Development Officer, (Village Panchayats), Theni Panchayat Union, Theni District.
5.The President, Upparpatti Panchayat, Theni Taluk / District.
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N.ANAND VENKATESH, J.
smn2 and W.M.P.(MD)No.18598 of 2021 21.11.2023 9/9