K.Mukkan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.20161 to 20163 of 2017 and W.M.P.(MD)Nos.16438 to 16443 of 2017 K.Mukkan ... Petitioner in W.P.(MD)No.20161 of 2017 P.Palanichami ... Petitioner in W.P.(MD)No.20162 of 2017 Maruthayee ... Petitioner in W.P.(MD)No.20163 of 2017 Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani Taluk, 3.The Tahsildar, Vedasandur, 4.The Block Development Officer cum Executive Officer, 1/4

Kujiliyamparai Panchayat Union, ... Respondents in both W.Ps.

Common Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order made by the 4th respondent in his proceedings in Na.Ka.No. 1088/2017/D3 dated 19.10.2017 and quash the same as illegal. For Petitioner :Ms.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents :Mr.M.Siddharthan Additional Government Pleader COMMON ORDER Heard the learned counsel on either side.

2. The 4th respondent had issued the impugned proceedings informing the petitioners that the construction put up by them in the petition mentioned survey numbers constituted encroachments and that they would be removed.

3. The stand of the petitioners is that Survey No.138/2, Vedapatti Village has been classified as 'grama natham' and that therefore, it is not open to the fourth respondent to issue any proceedings in respect of the said survey number. They would further argue that constructions have been put up only in Survey No.138/2. The stand of the respondents appears to be that constructions 2/4

have been put up in both survey Nos.138/2 and 133/1. It is beyond dispute that Survey No.133/1 has been classified as 'odai' (water body). According to the petitioners, no survey was done in their presence.

4. We dispose of the writ petitions with the following directions:- (I) The third respondent is directed to conduct proper survey after issuing notice to the petitioners herein.

(II) Survey No.133/1 and Survey No.138/2 shall be demarcated. If the constructions have been put by the petitioners in Survey No.138/2, it shall be spared. If the construction has been come up on Survey No.133/1, then, it will have to be demolished.

(III) The respondents are directed to adhere to due process of law. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. The impugned proceedings will abide by the outcome of the aforesaid survey exercise. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 08.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani Taluk, 3.The Tahsildar, Vedasandur, 4.The Block Development Officer cum Executive Officer, Kujiliyamparai Panchayat Union, W.P(MD)Nos.20161 to 20163 of 2017 08.08.2023 4/4