Madras High Court
P.Arumugam vs The Government Of Tamil Nadu on 5 October, 2016
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE R.MAHADEVAN
W.P. No.35285 of 2016
and W.M.P.No.30398 of 2016
P.Arumugam .. Petitioner
-vs-
1.The Government of Tamil Nadu,
Rep. By its Secretary,
Dept. of Revenue, Fort St. George,
Chennai 600 009.
2.The District Collector,
Office of the District Collector,
Villupuram District, Villupuram.
3.The Revenue Divisional Officer,
Office of the Revenue Divisional
Officer, Tindivanam, Villupuram.
4.The Tahsildar,
Office of Tahsildar,
Gingee Taluk, Villupuram.
5.The Executive Officer,
Gingee Town Panchayat,
Gingee.
6.The Chairman,
Gingee Town Panchayat,
Gingee.
7.Kumar
8.Kasi
9.Palani
10.Paramasivam .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 6 to remove the encroachments made by respondents 7 to 10 and other individuals in and around the odai comprised in S.No.50/2 and the encroachments made in odai poramboke lands comprised in S.No.50/1, 3 and 4 situate in Kanjur Village, Gingee Taluk, Villupuram District and consequently cancel the pattas granted to respondents 7 to 9 in so far as the odai poramboke lands are concerned and restore the odai to its original form, length and width and protect and maintain the said odai and all other water bodies in Madhapoondi and Kanjur village by desilting, deepenening, widening and strengthening the bunds.
For Petitioner : M/s.G.Nalini
For Respondents : Mr.T.N.Rajagopalan
Spl.G.P. For RR 1 to 6
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges that respondents 7 to 10 have made construction on 'Odai' land blocking the flow of water comprised in Survey No.50/2 and also encroached upon odai poramboke land comprised in Survey No.50/1, 3 and 4 situate in Kanjur Village, Gingee Taluk, Villupuram District.
2.Learned counsel for the petitioner further submits that as per the information received by him, there are even pattas granted to respondents 7 to 9.
3.In view of the aforesaid facts and circumstances, on account of the fact that if it is 'Odai', it cannot be blocked, construction cannot be made and patta cannot be given, the matter needs to be looked into by the third respondent / Revenue Divisional Officer, who will pass an order in accordance with law after notice to all concerned within a maximum period of three (3) months of the receipt of the order.
4.Learned Special Government Pleader clarifies that if it is merely a case of encroachment, then the fourth respondent / Tahsildar will take action, but if it is cancellation of patta, then the competent authority would be the third respondent.
5.Writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.30398 of 2016 stands closed.
(S.K.K., CJ.) (R.M.D., J.) 05.10.2016 Index : Yes/No Website : Yes/No sra To
1.The Secretary to Govt. of Tamil Nadu, Dept. of Revenue, Fort St. George, Chennai 600 009.
2.The District Collector, Office of the District Collector, Villupuram District, Villupuram.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tindivanam, Villupuram.
4.The Tahsildar, Office of Tahsildar, Gingee Taluk, Villupuram.
5.The Executive Officer, Gingee Town Panchayat, Gingee.
6.The Chairman, Gingee Town Panchayat, Gingee.
The Hon'ble Chief Justice and R.Mahadevan, J.
(sra) W.P.No.35285 of 2016 05.10.2016