Madras High Court
N.Rajendran vs Kathirvel on 10 July, 2023
W.A. No.1388 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 10.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A. No.1388 of 2014
and MP.No.1 of 2014
N.Rajendran .. Appellant
Vs.
1. Kathirvel
2. The Principal Secretary and
Commissioner of Land Administration,
Chepauk, Chennai 600 005.
3. The District Collector,
Tiruppur District.
(Erstwhile Erode District)
Tiruppur.
4. The Executive Engineer,
Public Works Department,
PAP Ayacut extension Division V,
Tiruppur District. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 12.01.2022 made in WP.No.230 of 2011 passed by the learned
Single Judge of this Court.
Page No.1 / 6
https://www.mhc.tn.gov.in/judis
W.A. No.1388 of 2014
For appellant : Ms.V.Srimathi
For respondents
for R1 : Mr.V.Elangovan
for RR2 to 4 : Mr.U.M.Ravichandran, Spl.G.P.
JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
Aggrieved by the order passed in the Writ Petition granting ayacut
rights to the first respondent, the present appeal has been filed.
2. According to the appellant, the land in Survey No.57 belongs to the
writ petitioner/first respondent herein, is not included in the list of
Parambikullam Aliyar Project ayacut. It is also stated that the old Survey
No.272, which came under the ayacut, corresponds to sub division No.59
measuring 20.11 acres and it does not contain Survey No.57, which belongs
to the Writ Petitioner. However, the learned Single Judge without
considering the same directed to restore the ayacut rights of the first
respondent.
https://www.mhc.tn.gov.in/judis
W.A. No.1388 of 2014
3. According to the learned counsel for the appellant, the land in
Survey No.57 is not an ayacut land therefore, the first respondent is not
entitled to draw water form Parambikullam Aliyar Project scheme. It is
further stated that the Revenue Records show that the Writ Petitioner's land
is a Manavari Agricultural land. However, the Writ Court failed to consider
the said aspect and allowed the Writ Petition, which is absolutely illegal.
4. The learned counsel for the first respondent/writ petitioner by
relying upon the proceedings of the District Collector dated 04.04.2012
submitted that as per the earlier order of this Court in WP.No.230 of 2011,
the ayacut rights to the land in S.F.No.57 (Old S.F.No.272), which belongs
to the writ petitioner/first respondent herein, is restored. Further, no material
is placed before this Court by the Department to show that the first
respondent's land in S.F.No.57 is not included in the ayacut rights.
5. Heard both sides and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
W.A. No.1388 of 2014
6. It is an admitted fact that the Survey No.272 is an ayacut land, in
which no portion of the land is treated as non-ayacut land. Subsequent to the
new subdivision, Survey No.272 has been divided into two new Survey
Nos.57 and 59. However, no material is placed before this Court to show
that the Survey No.57 is not included in the ayacut land.
7. In view of the above, we are convinced with the submissions of the
learned counsel for the first respondent and it is also clear that the District
Collector vide proceedings dated 04.04.2012, restored the ayacut rights of
the first respondent in Survey No.57. In such circumstances, this Court is of
the view that there is no merit in the appeal. Accordingly, the Writ Appeal
fails and the same is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
[D.K.K., J] [P.B.B., J.]
10.07.2023
Speaking order: Yes/No
Index : Yes/No
pvs
https://www.mhc.tn.gov.in/judis
W.A. No.1388 of 2014
To
1. The Principal Secretary and
Commissioner of Land Administration,
Chepauk, Chennai 600 005.
2. The District Collector,
Tiruppur District.
3. The Executive Engineer,
Public Works Department,
PAP Ayacut extension Division V,
Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.A. No.1388 of 2014
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
pvs
W.A. No.1388 of 2014
10.07.2023
https://www.mhc.tn.gov.in/judis
