Madras High Court
Chinnamuthu vs The District Collector on 19 March, 2025
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.595 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.595 of 2025
Chinnamuthu ... Appellant/Writ Petitioner
vs.
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Revenue Divisional Officer,
Aruppukottai,
Virudhunaar District.
3.The Tahsildar,
Kariapatti Taluk,
Virudhunagar District.
4.The Village Administrative Officer,
S.Kallupatti Village,
Kariapatti Taluk,
Virudhunagar District.
5.The Inspector of Police,
Kariapatti Police Station,
Virudhunagar District. ... Respondents/Respondents
1/7
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W.A(MD)No.595 of 2025
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 12.11.2024 made in W.P(MD)No.26932 of 2024 on the file of this
Court.
For Appellant : Mr.T.Antony Arulraj
For RR 1 to 4 : Mr.S.S.Madhavan
Additional Government Pleader
For R – 5 : Mr.A.Albert James
Government Advocate (Criminal Side)
JUDGMENT
(Judgment of the Court was delivered by J.NISHA BANU, J.)
The present Writ Appeal is directed against the order passed by the
Writ Court dated 12.11.2024 made in W.P(MD)No.26932 of 2024.
2.Heard Mr.T.Antony Arul Raj, learned counsel appearing for the
appellant, Mr.S.S.Madhavan, learned Additional Government Pleader appearing
for the respondents 1 to 4 and Mr.A.Albert James, learned Government Advocate
(Criminal Side) appearing for the fifth respondent and perused the materials
available on record.
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3.The appellant/writ petitioner filed the Writ Petition for a direction
directing the respondents 1 to 3 to pay a sum of Rs.1,00,000/- as compensation
for the damages caused in the property in Survey No.180/7A of S.Kallupatti
Village, Kariapatti Taluk,, Virudhunagar District, wherein, the writ Court by order
dated 12.11.2024, dismissed the Writ Petition stating that the fencing put up by
the writ petitioner by obstructing the general public to use the nilavial paathai has
been rightly removed by the respondents. Challenging the same, the appellant as
writ petitioner has filed the present Writ Appeal.
3.The learned counsel appearing for the appellant/writ petitioner
submits that the appellant owns a patta land in Survey Nos.180/7A and 181/15 of
S.Kallupatti Village, Kariappatti Taluk, Virudhunagar District. The patta bearing
No.383 stands in his name in respect of the said property. While being so, the
respondents 1 to 3 interfered with his peaceful possession and enjoyment over the
said property. Therefore, the petitioner filed a writ petition in W.P.(MD) No.8818
of 2023, wherein the writ Court directed the revenue authorities to survey the
land in Survey No.180/7A and fix boundaries. Even then, the petitioner's peaceful
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possession and enjoyment over the subject property was disturbed and therefore,
he once again filed W.P(MD) No.22397 of 2023 seeking a direction to the Police
personnel not to interfere in the civil dispute in respect of the subject property.
The said writ petition was closed by order dated 27.06.2024 by recording the
statement of the respondent – Police that they have provided police protection for
the purpose of conducting survey. While that being so, on 03.10.2024, the
respondents 3 and 4 with the aid of the fifth respondent – Police have removed
the stone fencing put up by the petitioner in and around the subject land.
4.It is stated by the learned counsel appearing for the appellant that
with regard to the similar issue in the Writ Petition, the alleged encroachers filed
a suit in O.S.No.56 of 2013 on the file of the District Munsif Court, Aruppukottai
for declaration and the same was dismissed. As against which, appeal suit has
been filed in A.S.No.39 of 2020 on the file of the Sub Court, Aruppukkottai and
the same is pending. Further, with regard to the similar issue, O.S.Nos.137 and
112 of 2022 on the file of the District Munsif Court, Aurppukottai for declaration
are pending. Hence, Appeal Suit No.39 of 2020 and O.S.Nos.137 and 112 of 2022
on the file of the District Munsif Court, Aruppukottai may be disposed of
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uninfluenced by the order passed by the writ Court.
5.Considering the facts and circumstances of the case, the Sub Court,
Aruppukottai is directed to dispose of the Appeal Suit No.39 of 2020 and the
District Munsif Court, Aruppukottai is directed to dispose of the suits in O.S.Nos.
137 and 112 of 2022 on the file of the District Munsif Court, Aruppukottai,
without being influenced by the order passed by the writ Court, as expeditiously
as possible.
6.With the above observation, this Writ Appeal is disposed of. There
shall be no order as to costs.
[J.N.B.,J.] & [S.S.Y.,J.]
19.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Revenue Divisional Officer,
Aruppukottai,
Virudhunaar District.
3.The Tahsildar,
Kariapatti Taluk,
Virudhunagar District.
4.The Village Administrative Officer,
S.Kallupatti Village,
Kariapatti Taluk,
Virudhunagar District.
5.The Inspector of Police,
Kariapatti Police Station,
Virudhunagar District.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 19.03.2025
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