A.Devarajan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.17046 of 2018 A.Devarajan ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District.
3.The Revenue Divisional Officer, Usilampatti, Madurai District.
4.The Tahsildar, Usilampatti Taluk, Madurai District.
5.The Superintending Engineer, Public Works Department, Penni Cuik Complex, Madurai - 2.
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6.Marichamy 7.Pitchai 8.Paraman 9.Pandiammal 10.Songammal 11.Kasammal 12.Chellaveeranan 13.Veerapadi 14.Soundarapandi 15.Selvam 16.Singa Thevar @ Singaveeerana Thevar 17.Dharmar 18.Pounsamy 19.Selvam @ Selvaraj 20.Kuppusamy 21.Ravi 22.Thesingurajan 23.Kannan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of 2/6
India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent passed in Na.Ka.No.47544/2017/J3 dated 28.05.2018 quash the same and direct the respondents 1 to 5 to restore the water body namely Kammanathevan Oorani situate in S.No.99 of Usilampatti Village and Taluk, Madurai District.
For Petitioner : Mr.G.Thalamutharasu For Respondents : Mr.S.Vinoth, Government Advocate for R1 to R5.
Mr.J.Senthil Kumariah for R5 to R23.
ORDER
Heard both sides.
2.The case of the petitioner is that in S.No.99 of Usliampatti Village is water body and that pattas issued in respect of the said water body should be cancelled.
3.The matter was remitted to the file of the District Revenue Officer, Madurai. The District Revenue Officer, Madurai after conducting a detailed enquiry relegated the petitioner to go before the jurisdictional Civil Court. Challenging the same, this writ petition has been filed. 3/6
4.After going through the entire materials on record, we are satisfied that there was a water body originally. But the ground reality appears to have undergone a change. The District Revenue Officer in his counter affidavit has stated that when the settlement under updating registry was taken up between 1979 to 1984, the land was sub-divided into twenty sub-divisions and changes were effected and patta was granted to several individuals. The learned Government Advocate also produced copy of the "A" register. From the said "A" register, we are able to notice that S.No.99 was sub-divided into S.Nos.99/1 to 99/20 and patta has been issued to several individuals. Since these developments have taken place prior to 2000, we are not in a position to interfere. The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.S.J.,) & (B.P.J.,) 19.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6
To:- 1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District.
3.The Revenue Divisional Officer, Usilampatti, Madurai District.
4.The Tahsildar, Usilampatti Taluk, Madurai District.
5.The Superintending Engineer, Public Works Department, Penni Cuik Complex, Madurai - 2.
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G.R.SWAMINATHAN, J.
and B.PUGALENDHI, J.
ias 19.06.2025 6/6