M.P.Chinnadurai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.20526, 20527, 5145 & 5147 of 2024 W.P(MD)No.24276 of 2024:
M.P.Chinnadurai ... Petitioner Vs.
1.The District Collector, Tiruchirapalli District, Tiruchirapalli.
2.The District Revenue Officer, Tiruchirapalli District, Tiruchirapalli.
3.The Revenue Divisional Officer, Revenue Divisional Office, Lalgudi, Tiruchirapalli District.
4.The Tahsildar, Lalgudi Taluk, Lalgudi, Tiruchirapalli District.
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5.The Block Development Officer, Pullambadi Panchayat Union, Lalgudi Taluk, Tiruchirapalli District.
6.The Superintendent, Archeology Department, Tiruchirapalli Region, Mainguard Gate, Tiruchirapalli - 2.
7.Vibrant Excon Private Limited, Kumulur Village, Lalgudi Taluk, Trichy District.
8.V.Raghuramamoorthy ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 5 from re-classification of lands from its original entry in the old Survey records in respect of land in Survey Nos. 571, 572/1, 572/2, 574/4, 575/1, 577, 579, 598/2, 602/3, 604/1, 604/2, 605, 606, 608/1, 610/1, 610/4, 610/5, 610/9, 611/2, 611/4, 612/6 and 746, situated at Kumulur village, Lalgudi Taluk, Tiruchirapalli District and consequently direct the respondents 1 to 5 to consider the representation of the petitioner dated 26.02.2024, 29.02.2024 and 13.03.2024 and to remove the encroachments made in the lands by the respondents 7 and 8 within the time limit that may be fixed by this Court.
For Petitioner : Mr.S.Madhavan For Respondents : Mr.S.Vinoth Government Advocate for R.1 to R.6 2/10
Mr.T.Lenin Kumar for R.7 & R.8 W.P(MD)No.5364 of 2024:
K.Meganathan ... Petitioner Vs.
1.The District Collector, Tiruchirapalli District, Tiruchirapalli.
2.The District Revenue Officer, Tiruchirapalli District, Tiruchirapalli.
3.The Revenue Divisional Officer, Revenue Divisional Office, Lalgudi, Tiruchirapalli District.
4.The Tahsildar, Lalgudi Taluk, Lalgudi, Tiruchirapalli District.
5.The Block Development Officer, Pullambadi Panchayat Union, Lalgudi Taluk, Tiruchirapalli District.
6.D.R.Kousik Devatha Ragunath 7.V.Raghuramamoorthy ... Respondents 3/10
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned report passed by the third respondent dated 11.02.2024 in Proceeding A4/0389/2024, quash the same and consequently direct the respondents 1 and 2 to remove the encroachment in Survey Nos. 571, 572/1, 572/2, 574/4, 575/1, 577, 579, 598/2, 602/3, 604/1, 604/2, 605, 606, 608/1, 610/1, 610/4, 610/5, 610/9, 611/2, 611/4, 612/6 and 746 situated at Kumulur Village, Lalagudi Taluk, Tiruchirappalli District.
For Petitioner : Mr.G.Prabhu Rajadurai for Mr.P.Athimoolapandian For Respondents : Mr.S.Vinoth Government Advocate for R.1 to R.5 Mr.T.Lenin Kumar for R.6 & R.7 COMMON ORDER Heard both sides.
2.One D.R.Kousik Devatha Ragunath is setting up a solar plant in Kumulur Village. He appears to have sourced the lands from one Ragurammoorthy and others. The allegation made by the writ petitioners is that in the guise of setting up the solar plant, D.R.Kousik Devatha Ragunath has obliterated the cart tracks and also water bodies. With the aforesaid allegations, these two writ petitions have been filed.
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3.In W.P(MD)No.24276 of 2024, the prayer is that the petition mentioned survey numbers should not be declassified. Survey Numbers are as follows:
"Survey Nos. 571, 572/1, 572/2, 574/4, 575/1, 577, 579, 598/2, 602/3, 604/1, 604/2, 605, 606, 608/1, 610/1, 610/4, 610/5, 610/9, 611/2, 611/4, 612/6 and 746, situated at Kumulur village, Lalgudi Taluk, Tiruchirapalli District." After hearing both sides, we have to make the following remarks in respect of each of the aforesaid survey numbers:
"Survey No.571 is admitted to be a water body and according to the official respondents, there are no encroachments therein.
In Survey No.572/1, Vibrant Excon Private Limited and Ragurammoorthy have no claim in this survey number. Survey Nos.574/4, 575/1 have been classified as cart track and it is intact. Vibrant Excon Private Limited and Ragurammoorthy have no claim in these survey numbers. Survey Nos.577, 579 have been classified as cart track. Survey No.598/2 has been classified as water body and Vibrant Excon Private Limited and Raguramamoorthy have no claim in this survey number.
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Survey Nos.604/1, 610/1, 611/4 have been classified as cart track.
Survey Nos.604/2, 605, 610/9, 611/2, 612/6 continues to be Tharisu land even as on date.
Survey Nos.606, 746 have been classified as water body. Survey No.608/1 has been classified as water body / cart track.
Survey Nos.610/4, 610/5 are patta lands. Vibrant Excon Private Limited and Raguramamoorthy have no claim in these survey numbers.
Ragurammoorthy who is the eighth respondent in WP(MD)No.24276 of 2024 has made it clear that he has claim only over Survey No.602/3 and not on any other survey number. Survey No.602/3 was originally classified as Government land. But patta has been issued in favour of Raguramamoorthy. We wanted to know from the learned Government counsel as to whether any assignment was made in respect of Survey No.602/3. He categorically states that no assignment order was ever made. In that event, an enquiry will have to be done as to how patta stood in the name of Raguramamoorthy. Chinnadurai 6/10
and Meganathan, the petitioners herein undertake to submit formal petitions in this regard before the District Revenue Officer, Trichy District within a period of two weeks from the date of receipt of copy of this order. The District Revenue Officer, Trichy District is directed to issue notice to Raguramamoorthy and other interested persons and pass a speaking order on merits and in accordance with law within a period of three months thereafter. Till the said enquiry is completed, no further development activity shall take place in Survey No.602/3.
4.In W.P(MD)No.5364 of 2024, what is under challenge is the memorandum dated 11.02.2024 issued by the Revenue Divisional Officer, Lalgudi. It encompasses as many as 12 survey numbers. According to the petitioner, 4 out of 12 survey numbers are water bodies. We are of the view that the memorandum issued by the Revenue Divisional Officer, Lalgudi is very much amenable to challenge before the District Revenue Officer, Trichy. The petitioner herein also point out that there are features of Archeological importance in the vicinity. We therefore called upon the Archeological Survey of India to conduct field inspection and submit a report. The report of the Archeological Survey of India is under:
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"Conclusion:
The temple remains mentioned above were destroyed more than 100 years ago. Though all of these unprotected sites have archaeological importance, they do not throw light or mark on any important event in the history and culture of the region at National level. However, owing to its local importance the respective villagers along with the help of the local authorities, should take care of them. The loose sculptures, architectural members, and inscriptions from these sites have to be shifted to the district museum of Trichy, for their safety, after taking the consent of the respective villages."
5.These Writ Petitions are disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 26.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Tiruchirapalli District, Tiruchirapalli.
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2.The District Revenue Officer, Tiruchirapalli District, Tiruchirapalli.
3.The Revenue Divisional Officer, Revenue Divisional Office, Lalgudi, Tiruchirapalli District.
4.The Tahsildar, Lalgudi Taluk, Lalgudi, Tiruchirapalli District.
5.The Block Development Officer, Pullambadi Panchayat Union, Lalgudi Taluk, Tiruchirapalli District.
6.The Superintendent, Archeology Department, Tiruchirapalli Region, Mainguard Gate, Tiruchirapalli - 2.
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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
MGA 26.06.2025 10/10