Disposed

Kullu v. the President

Madras HC17 Jun 2016WP/5119/2014

Case brief

AI extract

What is this about?

Petitioner sought writ to remove pumpset installed in his well by Village President. Court directed Third Respondent to depute Taluk Surveyor to verify well locations and ownership regarding conflicting claims before passing orders, disposing of the petition with this interim direction.

What did the court decide?

Directed Third Respondent to depute Taluk Surveyor to survey properties and file report on well ownership within 16 weeks. Petition disposed; no costs.

Kullu Vs the President — Property and Title | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.06.2016

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CORAM

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THE HONOURABLE Mr. JUSTICE N.KIRUBAKARAN

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W.P.No.5119 of 2014 and M.P.Nos.1 & 2 of 2014

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Kullu .. Petitioner
Vs
1.The President
Palamarathur Village,
Chengam Taluk,
Tiruvannamalai District.
2.The Block Development Officer,
Jamanamarathur Village,
Chengam Taluk,
Tiruvannamalai District.
3.The District Collector,
Tiruvannamalai District,
Tiruvannamalai. .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to remove the motor pumpset and pipeline installed and fixed in the well belong to the petitioner and situated in his patta land comprised in S.No.139/12 (Patta No.463), Palamarathur Village, Chengam Taluk, Tiruvannamalai District and forbearing them from in any manner digging a new well in the said patta land belonging to the petitioner or taking water from the said well belonging to the petitioner.

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For Petitioner : Mr.P.Mani

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For Respondents: Mr.B.Anandan ( For R1 & R2) : Mr.Jayaprakash Narayan Special Government Pleader ( For R3)

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ORDER

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This writ petition has been filed for issuance of Writ of Mandamus, directing the respondents to remove the motor pumpset and pipeline installed and fixed in the well belong to the petitioner and situated in his patta land comprised in

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https://hcservices.ecourts.gov.in/hcservices/

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S.No.139/12 (Patta No.463), Palamarathur Village, Chengam Taluk, Tiruvannamalai District and forbearing them from in any manner digging a new well in the said patta land belong to the petitioner or taking water from the said well belong to the petitioner.

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2.The petitioner contends that he has got a well located in his property comprised in S.No.139/12 in Palamarathur Village, Chengam Taluk, Tiruvannamalai District. Since he has allowed water to be taken from the well for the village people out of magnanimity, the first respondent, Village President high-handedly erected a pumpset and he is supplying water to the village people. Therefore, the petitioner was compelled to file a suit in O.S.No.240 of 1999 on the file of the District Munsif Court, Chengam, which was decreed on 30.06.2000. Inspite of that, the first respondent is continuously drawing water from the petitioner's well. Therefore, after giving representation to the third respondent, the petitioner has come before this Court to remove the motor pumpset and pipe line installed in the petitioner's patta land.

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3.Heard Mr.P.Mani, learned counsel appearing for the petitioner, Mr.B.Anandan, learned counsel appearing for the respondents 1 and 2 and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the third respondent.

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4.Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the third respondent, on instructions, would submit that the well in which the pumpset has been installed is situated in S.No.147, namely, in Odai Poromboke and the said well has got nothing to do with the petitioner's well which is located in S.No.139/12.

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5.In view of the view, since contra claims are made with regard to the well, it is appropriate to direct the third respondent to depute a Taluk Surveyor to survey the petitioner's property as well as the property comprised in S.No.147 after giving notice to the petitioner as well as to the first respondent. The Taluk Surveyor has to survey the properties and to file a report as to whether there is a well located in S.No.139/12 which belongs to the petitioner, whether water is taken from that well by the first respondent and whether there is a well located in S.No.147 and water is taken by the first respondent to the villagers from the well located in S.No.147 of Palamarathur Village? Based on that report, the third respondent is directed to pass appropriate orders. The said exercise has to be completed within a period of sixteen weeks from the date of receipt of a copy of this order.

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https://hcservices.ecourts.gov.in/hcservices/

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6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CS V)

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//True Copy//

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Sub Assistant Registrar
To:
1.The President
Palamarathur Village,
Chengam Taluk, Tiruvannamalai District.
2.The Block Development Officer,
Jamanamarathur Village,
Chengam Taluk,Tiruvannamalai District.
3.The District Collector,
Tiruvannamalai District,
Tiruvannamalai.
+1cc to Mr.P.Mani, Advocate, S.R.No.33785
+1cc to the Government Pleader, S.R.No.33752
W.P.No.5119 of
2014
and M.P.Nos.1 & 2 of 2014

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nrjk[co] srg 14/07/2016

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https://hcservices.ecourts.gov.in/hcservices/

Kullu v. the President

Case brief

What is this about?

What did the court decide?

Kullu v. the President

Case brief

What is this about?

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