Madras High CourtWP(MD)/35874/2025disposed of

D.Prabhakaran v. The District Collector

2026-02-02Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.35874 of 2025 and W.M.P(MD).No.28514 of 2025 D.Prabhakaran ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer (RDO), 4.Thasildhar, 1/6

5.The Municipal Commissioner, 6.The Assistant Engineer / Assistant Executive Engineer, Municipal Commissioner Officer, 7.Chellaiya 8.The President, Uthamapalayam Town Panchayat, 9.The Assistant Engineer / Assistant Executive Engineer, Uthamapalayam Town Panchayat, (R8 and R9 are impleaded vide Court order dated 09.01.2026 in W.M.P.(MD).No.623 of 2026 in W.P.(MD).No.35874 of 2025) ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of MANDAMUS, directing the eighth and ninth respondents to consider the petitioner's representation dated 04.08.2025 and not to interfere with the petitioner's property, consequently direct the eighth and ninth respondents to demolish the constructing water tank and construct the same at any alternative place at a reasonable distance far away from the 2/6

petitioner's land. (Prayer is amended vide Court order dated 23.01.2026 in W.M.P.(MD).No.1442 of 2026 in W.P.(MD).No.35874 of 2025) For Petitioner :

M/s.C.Ambika For R1 to R4, R8 & R9 :

Mrs.D.Farjana Ghoushia, Special Government Pleader

O R D E R

The present writ petition has been filed seeking a writ of mandamus, directing the eighth and ninth respondents to consider the petitioner's representation dated 04.08.2025 and not to interfere with the petitioner's property and consequently direct the eighth and ninth respondents to demolish the water tank and construct the same at any alternative place.

2. On a perusal of the records, it is revealed that the petitioner is the owner of Survey No.879/1A and patta has been issued in his favour under Patta No.3167. As per the contentions of the learned counsel appearing for the eighth and ninth respondents, the water tank has been constructed in Survey No.878, which is classified as 'Mayanam Poromboke'. 3/6

3. In view of the above facts, it is clear that the petitioner's property has not been disturbed in any manner by the respondents by the construction of the water tank in Survey No.878.

4. Considering the above facts, the petitioner cannot have any grievance with respect to the construction of the water tank in Survey No.878, which is classified as 'Mayanam Poromboke'.

5. With the above clarification, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 02.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To 1.The District Collector, 2.The District Revenue Officer, 4/6

3.The Revenue Divisional Officer (RDO), 4.Thasildhar, 5.The Municipal Commissioner, 6.The Assistant Engineer / Assistant Executive Engineer, Municipal Commissioner Officer, 7.The President, Uthamapalayam Town Panchayat, 8.The Assistant Engineer / Assistant Executive Engineer, Uthamapalayam Town Panchayat, 5/6

R.VIJAYAKUMAR,J.

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