Madras High Court
R.Muthukrishnan vs The Secretary To Government on 3 August, 2022
W.P.(MD)No.17961 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE Mrs. JUSTICE R.HEMALATHA
W.P.(MD)No.17961 of 2021 and
WMP(MD) Nos.14833 and 14834 of 2021
R.Muthukrishnan : Petitioner
Vs.
1.The Secretary to Government
Revenue Department
St. George Fort, Chennai.
2.The Special Commissioner,
Land Administrative Department
Chepauk, Chennai.
3.The District Collector
District Collectorate Premises
Sivagangai District
4.The District Revenue Officer,
Office of the District Revenue Office,
Sivagangai District
5.The Tahsildar,
Thiruppathur Taluk
Sivagangai District
1/6
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W.P.(MD)No.17961 of 2021
6.The Executive Officer,
Thiruppathur Selection Grade Town Panchayat,
Thiruppathur Taluk, Sivagangai District
7.M/s.Thiruppathur Varthagar Sangam
Represented by its the Secretary
Big Bazaar Street,
Thiruppathur Taluk
Sivagangai District
8.M/s.Thiruppathur Varthagar Sangam
Represented by its
The President, North Car Street,
Thiruppathur Taluk
Sivagangai District
9.S.R.C.Lakshmanan : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus to direct the 1st to 6th
respondents to consider the representation of the petitioner dated
14.09.2021 and consequently direct the 1st to 3rd respondents initiate legal
action against the 7th and 8th respondents.
For Petitioner : Mr.V.A.Dhana Aravaindha Balaji
for M/s.Dhana Law Associates
For Respondents : Mr.A.K.Manikkam for R1 to R6
Special Government Pleader
Mr.M.Ajmal Khan for R7 to R9
Senior Counsel for
M/s.Ajmal Associates
2/6
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W.P.(MD)No.17961 of 2021
ORDER
(Order of the Court was made by P.N.PRAKASH, J.)
It is the case of the petitioner that the land measuring 6 acres and
52 cents in S.No.327 Thiruppathur Village, belonged to one Pallivasal as
per the settlement register of the year 1965 and the same has been
unlawfully assigned to the 7th respondent in the year 1975, to cancel
which, the present public interest litigation has been filed.
2.Today, Mr.A.Raja, Tahsildar(G.R.) Thiruppathur and
Mr.D.Venkatesh, Tahsildar (Regular), Thiruppathur are present.
3.On instructions, the learned Special Government Pleader
appearing for the respondents 1 to 6 submitted that the mutation of the
record was done in the year 1975 and in the year 1983, when the UDR
scheme was brought into force, S.No.327 was subdivided into 17 sub
divisions and in the revenue records, S.No.327/4 measuring one acre and
15 cents stands in the name of the 7th respondent.
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W.P.(MD)No.17961 of 2021
4.Mr.M.Ajmal Khan, learned Senior Counsel, appearing for the
respondents 7 to 9 submitted that since 1975, the respondent Nos.7 and 8
are in possession of the said land and the 7th respondent have built a
building in which there are tenants. Against some tenants, who were not
paying the rents, eviction proceedings was initiated by the 7th respondent
and the same are pending. The learned Senior Counsel further submitted
that there was a title suit in O.S.No.161/1959 before the District Munsif,
Sivagangai, between the Pallivasal (Mosque) and the 7th respondent, in
which, the 7th respondent succeeded by judgment and decree dated
31.08.1960 and only thereafter, the name of the 7th respondent was
included in the revenue records in the year 1975.
5. In our considered opinion, via a public interest litigation, an
entry that has been made in the revenue records as early as 1975 in
favour of the 7th respondent cannot be cancelled on the mere allegations
of the petitioner that they have encroached the land. In our considered
opinion, this public interest litigation is clearly an abuse of process of
law and therefore, deserves to be dismissed with exemplary cost of
Rs.10,000/- (Rupees ten thousand only) payable to the Gandhi Museum,
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W.P.(MD)No.17961 of 2021
within a period of four weeks from today and file a memo/compliance in
the Registry. Consequently connected Miscellaneous Petitions are closed.
[P.N.P., J.] & [R.H., J.]
03.08.2022
Internet : Yes
RR
To
1.The Secretary to Government
Revenue Department
St. George Fort, Chennai.
2.The Special Commissioner,
Land Administrative Department
Chepauk, Chennai.
3.The District Collector
District Collectorate Premises
Sivagangai District
4.The District Revenue Officer,
Office of the District Revenue Office,
Sivagangai District
5.The Tahsildar,
Thiruppathur Taluk
Sivagangai District
6.The Executive Officer,
Thiruppathur Selection Grade Town Panchayat,
Thiruppathur Taluk
Sivagangai District
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W.P.(MD)No.17961 of 2021
P.N.PRAKASH, J
AND
R.HEMALATHA, J
RR
7.The Curator
Gandhi Museum
Madurai 625 020
Order made in
W.P.(MD)No.17961 of 2022
03.08.2022
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