N. Alaga Thevar v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.25678 of 2024 N.Alaga Thevar

...Petitioner

Vs.

1.The Revenue Divisional Officer, Usilampatti, 2.The Tahsildar, Usilampatti, 3.The Block Development Officer, 4.The Revenue Inspector, Uthappanayakkanoor Village, 5.The Village Administrative Officer, Nadupatti Village, Usilampatti Taluk, 1/6

6.The President,

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents 2 to 6 to interfere the petitioner's property in S.No.91/4A and 72/22B situate at Nadupatti Village, Usilampatti Taluk, Madurai District and restore the original position of the said survey number.

For Petitioner : Mr.K.Guhan For R1 to R5 : Mr.S.Shanmugavel Additional Government Pleader For R6 : Mr.A.Baskaran Additional Government Pleader

O R D E R

This writ petition has been filed to forbear the respondents 2 to 6 from interfering the petitioner's possession and enjoyment of the property comprised in S.No.91/4A and 72/22B situate at Nadupatti Village, Usilampatti Taluk, Madurai District.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The property comprised in S.No.91/4A situated at Nadupatti Village, Usilampatti Taluk, Madurai District was assigned in favour of the petitioner by the proceedings dated 08.07.2015 in Na.Ka.No.6247/2015/B3 on the file of the first respondent. Thereafter, the second respondent has issued a Adangal extract in respect of S.No.91/4A in favour the petitioner and also in favour of his daughter. Now, the second respondent directed the third respondent to survey the land comprised in S.Nos.91/4A, 91/4C1, 86, 88, 94, 104, 72/70 situated at Nadupatti Village, Usilampatti Taluk, Madurai District. The apprehension of the petitioner is that they are treating the subject property, which was already assigned in favour of the petitioner, as Oorani and as such, they went to put a pond by putting up bund.

5. The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that there the general public have given a complaint that there is an encroachment in the bund water channel situated at S.Nos.91/4A, 91/4C1, 86, 88, 94, 104, 72/70 situated at Nadupatti Village, Usilampatti Taluk, Madurai District and as such the second respondent 3/6

directed the third respondent be present on 15.11.2024 for surveying the land. Accordingly, the lands have been surveyed.

6. In view of the above, if any encroachment made by the petitioner in the pond or its bund, the respondents are at liberty to take appropriate action as against the petitioner for removal of encroachment under due process of law.

7. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Internet : Yes Index : Yes/No 18.12.2024 Speaking/Non Speaking order am 4/6

To 1.The Revenue Divisional Officer, Usilampatti, 2.The Tahsildar, Usilampatti, 3.The Block Development Officer, 4.The Revenue Inspector, Uthappanayakkanoor Village, 5.The Village Administrative Officer, Nadupatti Village, Usilampatti Taluk, 6.The President, 5/6

G.K.ILANTHIRAIYAN, J.

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