Madras High Court
A.Ramesh Babu vs The Secretary To Government on 14 September, 2023
WP(MD)No.12381 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.12381 of 2017
and
WMP(MD)No.9532 of 2017
A.Ramesh Babu ... Petitioner
Vs
1.The Secretary to Government,
Public Works Department,
State of Tamil Nadu,
Fort St.George,
Chennai – 600 009.
2.The District Collector,
Tirunelveli District,
Tirunelveli.
3.The Revenue Divisional Officer,
Thenkasi,
Tirunelveli District.
4.The Tahsildar,
Kadayanallur Taluk,
Tirunelveli District.
1/8
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WP(MD)No.12381 of 2017
5.The Assistant Executive Engineer,
Karuppa Nadhi Dam Section,
Courtallam, Tirunelveli District.
6.The Junior Engineer,
Karuppa Nadhi Dam Section,
Courtallam, Tirunelveli District.
7.Thangaraj
8.Balasubramanian ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution
of India for issuance of a writ of mandamus, directing the respondents
herein to pay a sum of Rs.10,00,000/- [Rupees Ten Lakhs only] as
compensation for the unlawful damage caused by the respondents
herein in the petitioner's agricultural land situated in Survey No.1035/1
of Chokampatti Village Kadayanallur Taluk, Tirunelveli District.
For petitioner : Mr.EVN.Siva
For R1 to R6 : Mr.M.Siddharthan,
Additional Government Pleader
ORDER
The petitioner claiming to be an agriculturist has filed this
writ petition that his land in S.No.1035/1 in Chokkampatti village,
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WP(MD)No.12381 of 2017
Kadayanallur, Tirunelveli District was destroyed by the official
respondents at the instance of respondents 7 and 8.
2.The learned Counsel for the petitioner submits that the
land in S.No.1035/1 of Chokkampatti Village to an extent of 2 Acres,
has been received by the petitioner through a registered settlement deed
in document No.636 of 2006 on the file of the Sub Registrar,
Kadayanallur. The petitioner claims that he has put up a fencing and
obtained electricity service connection for this land and also planted
220 coconut trees, cotton plants and sesame plants in the said property.
The respondents 7 and 8 in order to create pathway through the
petitioner's land has induced the official respondents and they have
destroyed the entire crops grown on the petitioner's land and also
destroyed wire fencing and the borewell. The respondents have taken
this action as if the land is a government poramboke land. However, the
learned Counsel by relying on a judgment and decree obtained by him
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WP(MD)No.12381 of 2017
in OS.No.538 of 2015 dated 16.08.2019 passed by the learned District
Munsif, Tenkasi submits that the petitioner is having a decree of
declaration as against the 7th and 8th respondents, wherein the District
Administration is also a party.
3.The learned Additional Government Pleader appearing
for the official respondents submits that the land in Survey No.1035/1
is a government land classified as water body and the petitioner has
illegally encroached the land and has put up fencing and these
encroachments were removed as per law.
4.This Court considered the rival submissions and perused
the materials placed on record.
5.The petitioner claims that the land in S.No.1035/1 is a
patta land and a competent civil Court in O.S.No.538 of 2015 has
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WP(MD)No.12381 of 2017
declared that the petitioner is the owner of the property. However, the
judgment and decree in OS.No.538 of 2015 dated 16.08.2019 is not
placed before this Court.
6.Though the learned Additional Government Pleader
claims that the land is classified as water body, no document is placed
before this Court to substantiate the same. On the other hand the
petitioner has produced the A-Register extract, wherein it is mentioned
as a patta land and the petitioner is also issued with a patta in patta No.
3170.
7.Based on the representation of the learned Additional
Government Pleader that the land is the water body, this court
dismissed the writ petition by order dated 21.06.2023 with a liberty to
the petitioner to work out his remedy before the civil Court. However,
the order copy was not hosted in the High Court website. Considering
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WP(MD)No.12381 of 2017
the submission made by the petitioner with regard to the decree
obtained from the competent civil court, this court is inclined to
provide an opportunity to the petitioner to produce the judgment and
decree passed in OS.No.538 of 2015.
8.Though this writ petition is listed today(14.09.2023),
under the caption ''for clarification'', there is no representation for the
petitioner. This Court is inclined to peruse the decree said to have been
projected by the petitioner. Since there is no representation for the
petitioner, the earlier order of dismissal is confirmed. No costs.
Consequently, connected Miscellaneous Petition is closed.
14.09.2023
NCC :Yes/No
Index :Yes/No
Internet:Yes
vrn
https://www.mhc.tn.gov.in/judis
WP(MD)No.12381 of 2017
To
1.The Secretary to Government,
Public Works Department,
Fort St.George,Chennai – 600 009.
2.The District Collector,
Tirunelveli District,
Tirunelveli.
3.The Revenue Divisional Officer,
Tenkasi,Tirunelveli District.
4.The Tahsildar,
Kadayanallur Taluk,
Tirunelveli District.
5.The Assistant Executive Engineer,
Karuppa Nadhi Dam Section,
Courtallam,
Tirunelveli District.
6.The Junior Engineer,
Karuppa Nadhi Dam Section,
Courtallam,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
WP(MD)No.12381 of 2017
B.PUGALENDHI, J.
vrn
Order made in
WP(MD)No.12381 of 2017
and
WMP(MD)No.9532 of 2017
14.09.2023
https://www.mhc.tn.gov.in/judis
