Madras High Court
M.Rajkumar vs The District Collector on 28 August, 2023
Author: Sanjay V.Gangapurwala
Bench: Sanjay V.Gangapurwala
W.P(MD)No.20890 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.08.2023
CORAM :
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE P.VADAMALAI
W.P(MD)No.20890 of 2023
M.Rajkumar ... Petitioner
Vs.
1.The District Collector
Trichy District,
Trichy.
2.The Revenue Divisional Officer,
Vannarkovil,
Trichy District,
Trichy.
3.The Tahsildar
Thiruvanaikovil,
Srirangam Taluk,
Trichy.
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W.P(MD)No.20890 of 2023
4.The Block Development Officer
Anthanallur Panchayat,
Srirangam,
Trichy District.
5.The President
Uthamarseeli Panchayat,
Srirangam Taluk,
Trichy.
6.The Head Surveyor
Srirangam Taluk,
Srirangam,
Trichy. .. Respondents
PRAYER : Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus directing the Respondents to
remove the encroachment made by the encroachers in the Village
Natham Poramboke land for getting basic facilities through the
Government scheme and also survey the land in Survey No.241/6,
situated at Uthamarseeli, Srirangam Taluk, Trichy District, by
considering the Petitioner's representation, dated 18.07.2023.
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W.P(MD)No.20890 of 2023
For Petitioner : Ms.R.Yamuna
For Respondents : Mr.P.Thilak Kumar
Government Pleader
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Ms.R.Yamuna, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents.
2. The learned counsel for the petitioner submits that the Government School exists in Survey No.241/6. The land has been used as playground for the School and the same has been fenced. The authorities are not taking any steps to remove the encroachment.
3. The petitioner admits that the land in question is a Natham Poromboke land that is meant for residential purpose. There is nothing to substantiate that Survey No.241/6 is reserved for playground or for any other public purpose. It is submitted by the learned counsel for the petitioner that pattas are issued.
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4. If pattas are issued, the right is vested with the person in whose favour the pattas are issued. In case, any person is aggrieved by the issuance of patta, then the provision exists in the Patta Passbook Act to question the same.
5. In the light of above, there is no case for interference.
6. The Writ Petition stands dismissed. No costs.
[S.V.G., C.J.] [P.V.M., J.]
28.08.2023
Index : Yes / No
Neutral Citation : Yes / No RM ____________ https://www.mhc.tn.gov.in/judis Page 4 of 6 W.P(MD)No.20890 of 2023 To
1.The District Collector Trichy District, Trichy.
2.The Revenue Divisional Officer, Vannarkovil, Trichy District, Trichy.
3.The Tahsildar Thiruvanaikovil, Srirangam Taluk, Trichy.
4.The Block Development Officer Anthanallur Panchayat, Srirangam, Trichy District.
5.The President Uthamarseeli Panchayat, Srirangam Taluk, Trichy.
6.The Head Surveyor Srirangam Taluk, Srirangam, Trichy.
____________ https://www.mhc.tn.gov.in/judis Page 5 of 6 W.P(MD)No.20890 of 2023 THE HONOURABLE CHIEF JUSTICE and P.VADAMALAI, J.
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