Madras High Court
A.Arunachalam vs S.Udayar on 24 March, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.564 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2025
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.564 of 2025
and
CMP(MD)Nos.4268 and 4395 of 2025
A.Arunachalam ... Appellant
vs.
1. S.Udayar
2. The District Collector,
Thoothukudi District,
Thoothukudi.
3. The Block Development Officer,
Kovilpatti Block,
Kovilpatti,
Thoothukudi District.
4. The Executive Officer/president,
Chidambarapuram Village Panchayat,
Kovilpatti Panchayat Union,
Thoothukudi District.
5. A.Unnamalai ... Respondents
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1/6
W.A(MD)No.564 of 2025
PRAYER : Writ Appeal filed under Clause 15 of the Letters
Patent, against the order dated 29.01.2024 made in W.P(MD)No.27821 of
2022.
For Appellant : Mrs.P.Jessi Jeeva Priya
For R2 to R4 : Mr.M.Sarangan
Additional Government Pleader
JUDGMENT
(Judgment of the Court was made by J.NISHA BANU, J.)
This writ appeal is filed against the order dated 29.01.2024
made in W.P(MD)No.27821 of 2022.
2. Today, when the writ appeal was taken up for hearing,
learned Additional Government Pleader appearing for the official
respondents would submit that the appellant is a third party. Against
the very same impugned order dated 29.01.2024 made in W.P(MD)No.
27821 of 2022, 4th respondent in the writ petition namely, A.Unnamalai
had filed W.A(MD)No.1087 of 2024, and the Division Bench by
judgment dated 02.07.2024 has disposing of the said writ appeal. The
relevant passage of the judgment reads as under:-
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''6. Insofar as the land in question, that is, Survey No.144/2
is concerned, it is the claim of the Government that, it is the
Government poramboke land. If any contra claim comes from the
appellant, for which, documents have to be produced and moreover, if
there has been a dispute with regard to the title over the property,
naturally, the parties have to be relegated to the Civil Court to
establish their right and get a declaratory decree. Until such time,
the status quo in respect of the property has to be maintained that, it
belongs to the Government, where, only, the Government authorities
want to lay the pipeline to supply drinking water to the 1st
respondent.
7. This position since has been considered by the learned
Judge and the aforestated order since has been passed, we do not find
any error in the said approach of the learned Writ Court and the
conclusion arrived at by the learned Judge in the impugned order.
8. Assuming that the appellant can have a lawful claim
over the property, for which, if he wants to approach the Civil Court,
it is open to him to approach the Civil Court to get a declaratory
decree, but in the meanwhile, if any pipe is laid in the subject land,
that is, Survey No.144/2 is concerned, that would be subject to the
outcome of the decision to be made by the Civil Court, where, if any
such civil suit is filed by the appellant at a later point of time. With
that condition, necessary laying of pipeline work can be undertaken
by the official respondents for providing drinking water to the 1st
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respondent as well as any inhabitants in the locality.
9. With this modified observation and direction, the Writ
Appeal is disposed of. No costs.''
3. Therefore, the learned Additional Government Pleader
would state that this appeal will also meet the same fate. At this
juncture, learned counsel for the appellant sought liberty to file review
application against the abovesaid order dated 02.07.2024 made in
W.A(MD)No.1087 of 2024.
4. Granting such liberty, this Writ Appeal is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
[J.N.B, J.] [S.S.Y, J.]
24.03.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
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To
1. The District Collector,
Thoothukudi District,
Thoothukudi.
2. The Block Development Officer,
Kovilpatti Block,
Kovilpatti,
Thoothukudi District.
3. The Executive Officer/president,
Chidambarapuram Village Panchayat,
Kovilpatti Panchayat Union,
Thoothukudi District.
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J.NISHA BANU, J.
AND
S.SRIMATHY, J.
bala
JUDGMENT MADE IN
DATED : 24.03.2025
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