Madras High Court
U.K.Kamalam vs The District Collector on 24 November, 2022
W.A.(MD) No.1409 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.(MD) No.1409 of 2022
and
C.M.P.(MD) No.11267 of 2022
1.U.K.Kamalam
2.S.Mithun Kannan ... Appellants
-vs-
1.The District Collector
Kanyakumari District
Nagercoil
2.The Block Development Officer
Thovalai Block Office
Boothapandi, Kanyakumari District
3.The President
Thovalai Panchayat
Thovalai, Kanyakumari District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 03.11.2022, passed in W.P.(MD) No.22959 of 2022, on the file of
this Court.
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W.A.(MD) No.1409 of 2022
For Appellants : Mr.M.P.Senthil
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
JUDGMENT
[Judgment of the Court was made by R.MAHADEVAN, J.]
Challenging the order dated 03.11.2022, passed in W.P.(MD) No.
22959 of 2022, by the Writ Court, the appellants have preferred this writ
appeal.
2. A perusal of the records shows that the appellants are in
absolute possession of Plot Nos.12 & 13, in new Survey No.626/2A3 of
Thovalai Village, Thovalai Taluk, Kanyakumari District, ever since the date of
it's bequeath by their ancestors. Now, according to the appellants, the
respondents, without any notice, made attempts to trespass into their
property by way of constructing an overhead tank and though they made
representation to the authority concerned, on 25.09.2022, ventilating their
grievance, their efforts ended in vain. Hence, they approached the Writ Court
by filing a writ petition in W.P.No.22959 of 2022. When the writ petition came
up for hearing, the learned Government Pleaders appearing for the
respondents submitted that the appellants' property is situated in Survey No.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1409 of 2022
626/2A, for which a Patta has also been granted to them. But, the land in
which overhead tank is proposed to be constructed is situated in Survey No.
627/1, which is nothing but a Government Poramboke land and to that effect,
they also produced a copy of the report of the Village Administrative Officer,
Thovalai Village, before the Writ Court. The Writ Court, in view of the above
submissions made by the learned Government Pleaders and also the report
submitted by the Village Administrative Officer, by the impugned order dated
03.11.2022, disposed of the writ petition holding that nothing remains for
further consideration in the matter.
3. To be noted, this Court does not find anything in the impugned
order passed by the Writ Court affecting the rights of the appellants over their
property. Admittedly, the overhead tank proposed to be constructed in Survey
No.627/1, is nothing but a Government Poramboke land and the appellants'
land is in Survey No.626/2A, for which a Patta has also been granted to them.
Therefore, the allegation of the appellants that the respondents are trying to
construct an overhead tank in their property is erroneous and superfluous. In
such view of the matter, the argument putforth by the learned counsel for the
appellants to conduct a survey and demarcate the boundaries of the subject
property afresh does not merit acceptance.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1409 of 2022
4. Thus, for all these reasons, the impugned order passed by the
Writ Court does not warrant interference of this Court. Accordingly, the writ
appeal fails and it is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
[R.M.D., J.] [J.S.N.P., J.]
24.11.2022
Index : Yes / No
Internet : Yes / No
krk
To:
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The Block Development Officer,
Thovalai Block Office,
Boothapandi,
Kanyakumari District.
3.The President,
Thovalai Panchayat,
Thovalai,
Kanyakumari District.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1409 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
krk
W.A.(MD) No.1409 of 2022
and
C.M.P.(MD) No.11267 of 2022
24.11.2022
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https://www.mhc.tn.gov.in/judis
