Dismissed

M.Krishnamoorthy v. the District Collector

Madras HC4 Jun 2021WP(MD)/7612/2020

Case brief

AI extract

What is this about?

Claims for patta over Government land associated with Ayyanar Eri were rejected. The court dismissed the writ petitions and directed eviction of encroachers after a pandemic-related deferment, permitting harvest of standing crops before eviction.

What did the court decide?

Authorities directed to evict encroachers after 30.07.2021, with police protection if necessary; occupants permitted to harvest standing crops within that period.

M.Krishnamoorthy Vs the District Collector — Environment and Pollution | Madras HC (2021)

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W.P.(MD)Nos.7612 of 2020 etc., batch

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.06.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE T.S. SIVAGNANAM

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AND

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THE HONOURABLE MRS.JUSTICE S.ANANTHI

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W.P.(MD)Nos.7612, 10432, 10435, 10437, 10441, 10445, 10450, 10452, 10454, 10457, 10459, 10463, 10464, 10465, 10467, 10484, 10486, 10488, 10495, 10498, 10500, 10508, 10512 and 8577 of 2020

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and

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W.M.P.(MD)Nos.9239, 7946, 9236, 9240 to 9243, 9246, 9248 to 9250, 9257 to 9259, 9261, 9275, 9279, 9281, 9287 to 9289, 9299 and 9302 of

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2020

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M.Krishnamoorthy ...	Petitioner(s)	in WP(MD). 7612/ 2020
M. Vannamalar ...	Petitioner(s)	in WP(MD). 10432/ 2020
A. Pitchaiya ...	Petitioner(s)	in WP(MD). 10435/ 2020
S.Prabakar ...	Petitioner(s)	in WP(MD). 10437/ 2020
M.Jothivel ...	Petitioner(s)	in WP(MD). 10441/ 2020
R.Selvakumar ...	Petitioner(s)	in WP(MD). 10445/ 2020
R.Karthick ...	Petitioner(s)	in WP(MD). 10450/ 2020
A.Vijaya ...	Petitioner(s)	in WP(MD). 10452/ 2020
R.Manjula ...	Petitioner(s)	in WP(MD). 10454/ 2020
S.Xavier ...	Petitioner(s)	in WP(MD). 10457/ 2020
M.Palaniappan ...	Petitioner(s)	in WP(MD). 10459/ 2020
M.C.Raja ...	Petitioner(s)	in WP(MD). 10463/ 2020
S.Natarajan ...	Petitioner(s)	in WP(MD). 10464/ 2020
T.Ponnambalam ...	Petitioner(s)	in WP(MD). 10465/ 2020
M.Muthukannu ...	Petitioner(s)	in WP(MD). 10467/ 2020
K.Raja ...	Petitioner(s)	in WP(MD). 10484/ 2020
A.Palanichamy ...	Petitioner(s)	in WP(MD). 10486/ 2020
S.Balakumar ...	Petitioner(s)	in WP(MD). 10488/ 2020
S.Arokkiasamy ...	Petitioner(s)	in WP(MD). 10495/ 2020
R.Jenma Rakkini ...	Petitioner(s)	in WP(MD). 10498/ 2020
T.Jeyaraman ...	Petitioner(s)	in WP(MD). 10500/ 2020
S.David ...	Petitioner(s)	in WP(MD). 10508/ 2020
K.Chellappa ...	Petitioner(s)	in WP(MD). 10512/ 2020
K. Ravichandran @ Ravi...	Petitioner(s)	in WP(MD). 8577/ 2020

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Vs.

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The District Collector, District Collector Office, Thanjavur.

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The District Revenue Officer, Thanjavur.

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The Revenue Divisional Officer, Thanjavur.

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The Thasildar, Bhoodhalur, Thanjavur.

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https://hcservices.ecourts.gov.in/hcservices/ 5. The Superintent Engineer,Kallanai Chennel Division, Bhoodhalur.

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1/18

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W.P.(MD)Nos.7612 of 2020 etc., batch

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The Superintending Engineer, Public Works Department, Lower Cauvery Basin Circle, Water Resources Division, Thanjavur District. (R6 Suo Impleaded Vide Court Order Dated 15.07.2020) 7. D. Natarajan

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S. Vasudevan

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( RR 7 & 8 is Impleaded Vide Court Order Dated 30.03.2021 in WMP(MD) Nos.8932 & 9285/2020)

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... Respondent(s) in WP(MD). 7612/ 2020

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The District Collector, Thanjavur District, District Collectorate, Thanjavur

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The Chief Engineer Kallanai Canal Division, Trichy Thanjavur Thiruvarur District Near S.R.M Hotel, K.K.Nagar Thiruchirapalli

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The Assistant Executive Engineer, Kallanai Canal Division, Boodhalur, Thanjavur District

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The District Revenue Officer, Thanjavur Collectorate, Thanjavur

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The Revenue Divisional Officer, Office of the Revenue Divisional Office, Thanjavur

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The Tashildar, Taluk Office, Boodhalur Taluk.

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Thanjavur District ... Respondents 1 to 6 in WP(MD)Nos. 10432,10435,10437,10441,10445,10450,10452,10454,10457, 10459,10463,10464,10465,10467,10484,10486,10488,10495, 10498,10500,10508,10512 and 8577/ 2020

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Marimuthu, S/o.Thindunattar, Nedu Street, Megalathur, Maraneri, Mekalathur Post, Thanjavur District-613102.

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(R7 is Impleaded Vide Court Order Dated 04.06.2021

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... Respondent(s) in WP(MD). 10435/ 2020

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Karnan, S/o.Sangelimuthu, 63/3, Nedu Street, Megalathur, Maraneri, Mekalathur Post, Thanjavur District-613102.

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(R7 is Impleaded Vide Court Order Dated 04.06.2021

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... Respondent(s) in WP(MD). 10463/ 2020

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Sekar (R7 Impleaded Vide Court Order Dated 08.09.2020 )

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

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2/18

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W.P.(MD)Nos.7612 of 2020 etc., batch

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Hariharan (R8 is Impleaded Vide Court Order Dated 04.06.2021) ... Respondent(s) in WP(MD). 8577/ 2020

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Prayer in WP(MD). 7612/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus, directing the respondents to take immediate action to remove the encroachments in the Ayyanar Eri, Maraneri Village, Bhoodhalur Taluk, Thanjavur District by considering the petitioners representation dated 09.06.2020 and take necessary action.

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Prayer in WP(MD). 10432/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.Nos.419 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10435/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to grant me patta in the Tharisu Poromboke land, situated beyond tank watershed area and tank bund of Ayyanar Lake, Comprised in S.No. 417, maraneri Village, Boodhalur Tk, Thanjavur Dt on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to our representation dt. 10.07.2020 and in the light of the fact that we are in continuous possession and doing agricultural activiities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10437/ 2020 :

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Writ Petition is filed under Article 226 of the https://hcservices.ecourts.gov.in/hcservices/

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3/18

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W.P.(MD)Nos.7612 of 2020 etc., batch

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Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.Nos.409 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10441/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to grant me patta in the Tharisu Poromboke land, situated beyond tank watershed area and tank bund of Ayyanar Lake, Comprised in S.No. 412, maraneri Village, Boodhalur Tk, Thanjavur Dt on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to our representation dt. 10.07.2020 and in the light of the fact that we are in continuous possession and doing agricultural activiities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶56

Prayer in WP(MD). 10445/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.Nos.408 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and

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

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4/18

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W.P.(MD)Nos.7612 of 2020 etc., batch

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nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10450/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to grant me patta in the Tharisu Poromboke land, situated beyond tank watershed area and tank bund of Ayyanar Lake, Comprised in S.No. 412, maraneri Village, Boodhalur Tk, Thanjavur Dt on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to our representation dt. 10.07.2020 and in the light of the fact that we are in continuous possession and doing agricultural activiities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10452/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.Nos.412 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10454/ 2020 :

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

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5/18

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W.P.(MD)Nos.7612 of 2020 etc., batch

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the fact that we are in continuous possession and doing agricultural activiities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶72

Prayer in WP(MD). 10457/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.Nos.412 and 415 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10459/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.Nos.409 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10463/ 2020 :

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Writ Petition is filed under Article 226 of the https://hcservices.ecourts.gov.in/hcservices/

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6/18

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W.P.(MD)Nos.7612 of 2020 etc., batch

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Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to grant me patta in the Tharisu Poromboke land, situated beyond tank watershed area and tank bund of Ayyanar Lake, Comprised in S.No. 425, maraneri Village, Boodhalur Tk, Thanjavur Dt on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to our representation dt. 10.07.2020 and in the light of the fact that we are in continuous possession and doing agricultural activiities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for our livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶81

Prayer in WP(MD). 10464/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to grant me patta in the Tharisu Poromboke land to the petitioner, situated beyond tank watershed area and tank bund of Ayyanar Lake, Comprised in S.No. 431, maraneri Village, Boodhalur Tk, Thanjavur Dt on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to the representation dt. 10.07.2020 and in the light of the fact that he is in continuous possession and doing agricultural activiities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶83

Prayer in WP(MD). 10465/ 2020 :

¶84

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to grant me patta in the Tharisu Poromboke land to the petitioner, situated beyond tank watershed area and tank bund of Ayyanar Lake, Comprised in S.No. 431, maraneri Village, Boodhalur Tk, Thanjavur Dt on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dt. 10.07.2020 and in the light of the fact that we are in continuous possession and doing agricultural activiities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out

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

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7/18

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W.P.(MD)Nos.7612 of 2020 etc., batch

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agricultural activites in the respective tharisu poromboke lands.

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Prayer in WP(MD). 10467/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to grant me patta in the Tharisu Poromboke land to the petitioner, situated beyond tank watershed area and tank bund of Ayyanar Lake, Comprised in S.No. 409, maraneri Village, Boodhalur Tk, Thanjavur Dt on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to his representation dt. 10.07.2020 and in the light of the fact that he is in continuous possession and doing agricultural activiities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶91

Prayer in WP(MD). 10484/ 2020 :

¶92

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.No.409 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶93

Prayer in WP(MD). 10486/ 2020 :

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

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8/18

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W.P.(MD)Nos.7612 of 2020 etc., batch

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doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶99

Prayer in WP(MD). 10488/ 2020 :

¶100

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.No.409 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶101

Prayer in WP(MD). 10495/ 2020 :

¶102

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.No.408 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶103

Prayer in WP(MD). 10498/ 2020 :

¶104

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)Nos.7612 of 2020 etc., batch

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directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.No.426 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶108

Prayer in WP(MD). 10500/ 2020 :

¶109

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.No.431 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶110

Prayer in WP(MD). 10508/ 2020 :

¶111

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.No.428 and 429, Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.7.2020 and in the light of the fact that he is in continuous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in

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

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W.P.(MD)Nos.7612 of 2020 etc., batch

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tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶116

Prayer in WP(MD). 10512/ 2020 :

¶117

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant Patta in the Tharisu Poromboke land to the petitioner situated beyond tank watershed area and tank bund of Ayyanar lake, comprised in S.No.426 Maraneri village Boodhalur taluk, Thanjavur District on a par with other 100 farmers who have already been granted patta in the above said Tharisu Poromboke lands with reference to representation dated 10.07.2020 and in the light of the fact that he is in continous possession and doing agricultural activities in the above said Tharisu poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

¶118

Prayer in WP(MD). 8577/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to writ of Mandamus or any other order or direction in the nature of writ directing the Respondents to grant us patta in the Tharisu Poromboke lands, situated beyond tank watershed area and tank bund of Ayyanar lake comprised in S.No.418,416,411,428 and 422 respectively Maraneri Village Boodhalur Taluk, Thanjavur District, on a par with other 100 farmers who have already been granted pattas in the same survey numbers for their respective Tharisu Poromboke lands, with reference to our representation dated 10.7.2020 and in the light of the facts that we are in continuous possession of and carrying out agricultural activities in the above said Tharisu Poromboke lands by virtue of grant order issued by the Revenue Department during the period of the British Govt., for over 90 years for his livelihood for generation and I am paying 'B' memo charges and nearby 100 farmers have already been issued pattas in tharisu poromboke lands and they are in possession of and carrying out agricultural activites in the respective tharisu poromboke lands.

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For Petitioner : Mr.A.Sivasubramanian

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(In WP(MD).No.7612 of 2020) Mr.Y.Krishnan in W.P.(MD)Nos. 10432, 10435, 10437, 10441, 10445, 10450, 10452, 10454, 10457, 10459, 10463, 10464, 10465, 10467, 10484, 10486, 10488, 10495, 10498, 10500, 10508,

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W.P.(MD)Nos.7612 of 2020 etc., batch

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10512 and 8577 of 2020

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For Respondents 1 to 6: Mr.K.Baskaran,

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Standing Counsel for Government in al WPs

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COMMON ORDER

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[Order of the Court was made by T.S. SIVAGNANAM, J. ]

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These writ petitions pertain to a Tank called as “Ayyanar Eri” comprised in R.S.No.400/1-A to 431.

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2.The first writ petition has been filed by M.Krishnamoorthy, in W.P.(MD)No.7612 of 2020, which is a ''Public Interest Litigation'' to direct the respondents to take immediate action to remove the encroachments in the "Ayyanar Eri", by considering the representation.

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3.At the time, when the writ petition was entertained, the Hon’ble Division Bench, while ordering notice, passed a speaking order, dated 15.07.2020, which is quoted herein below, in order to appreciate the sensitivity of the matter :

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"The matter in issue pertains to the encroachment upon a huge water body namely “Ayyanar Eri”, Maraneri Village, Bhoodhalur Taluk, Thanjavur District in Survey No.400/1-A to 431. The grievance expressed by the petitioner is that despite the said facts have been brought to the knowledge of the concerned officials, there is absolutely lack of response and hence, left with no other option, the petitioner is constrained to approach this Court in the form of Public Interest Litigation.

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The learned counsel for the petitioner drawn the attention of this Court to the typed set of documents.

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A perusal of the typed set of documents would disclose that Thiru.Savarimuthu and 30 others had filed O.S.No.347 of 1990 on the file of the Court of District Munsif, Thiruvaiyaru praying for permanent injunction restraining the respondents from interfering with their peaceful possession and enjoyment of the land in R.S.No.400/1-A, Maraneri Village, Bhoodhalur Taluk, Thanjavur District.

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The said suit after contest came to be dismissed on 28.01.1993. In paragraph No.5 of the said judgment, the defendants namely, the Assistant Engineer, Public Works Department, Boothaloor and the https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)Nos.7612 of 2020 etc., batch

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District Collector, Thanjavur District took a stand that after following due process of law, eviction proceedings were completed on 31.08.1990 and after that date none of the plaintiffs were in possession and enjoyment of the property in question.

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When this Court has put a specific query to the learned Additional Government Pleader appearing for the official respondents as to the present state of affairs, he would submit that the vast water body has become dry now and as on date, there are 122 encroachments on the water body, out of which 81 persons are cultivating the lands and 28 persons have put up constructions and rest of them are in occupation.

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It is pertinent to point out at this juncture that the water body having the spread of 30.70.5 acres became dry on account of the fact that the water ways to the said water body have not been maintained / cleared properly by the concerned department, especially by the Public Works Department.

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Despite very many orders have been passed including the judgment of this Court in T.K.Shanmugam vs. The State of Tamil Nadu and six others reported in 2015 (5) L.W. 397, nothing is moving forward and rather the concerned officials exhibit total lack of awareness or responsibility, despite the fact that they are under the statutory obligations to clear the encroachments and maintain the water body.

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This Court can also take judicial notice of the fact that the Government of Tamil Nadu is spending Crores and Crores of public money under 'Kudimaramathu Scheme', for de-silting and deepening the water body and no useful purpose would be served merely by deepening or desilting the water body, unless the water ways to the water body are cleared by way of removing the encroachment or exotic growths and it appears that no endeavour whatsoever has been taken in this regard. Even by applying common sense, it should be dawn to the concerned officials to clear the water ways, so that in the event of monsoon or rain, water would reach the water bodies and however no attention has been devoted by them in this regard.

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Notice of motion returnable on 26.08.2020.

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In the light of the above facts and

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W.P.(MD)Nos.7612 of 2020 etc., batch

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circumstances, this Court suo motu impleads the Superintending Engineer, Public Works Department, Lower Cauvery Basin Circle, Water Resources Division, Thanjavur District as the sixth respondent in this writ petition.

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The newly impleaded sixth respondent is directed to cause inspection of the said water body with the assistance of the Revenue and Police Officials and if any law and order and public order is created, the Revenue as well as the Police Officials are directed to give their fullest cooperation to the said Officials to carry out the task assigned to them by this Court and after causing inspection, he shall file a comprehensive status report with supporting documents and photographs as to the restoration of the water body, especially, clearing the water ways to the water body, so that it could be revived for the benefit of the public at large, especially, the agriculturists.

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Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, accepts notice on behalf of respondents 1 to 4. Notice of motion returnable by 26.08.2020. Call on 26.08.2020."

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4.Upon notice being served on the respondents, they have entered appearance and the Superintending Engineer, Public Works Department, Water Resources Division, Lower Cauvery Basin Circle, Thanjavur, the sixth respondent in W.P(MD) No.7612 of 2020, has filed a report. The report clearly shows that there is an encroachment. The report further states that twenty three persons have been granted patta, of which, 21 people have been granted patta being "Martyrs" (Thiyagigal patta) and two people under "Boomithana Iyakkam". The status report states that the Public Works Department has addressed the Revenue Department to cancel those pattas, granted to those 23 people and allot alternate places, because, based on those pattas, several others are making claims. The Superintending Engineer would state that action has not been initiated against 56 encroachers, because a batch of writ petitions has been filed before this Court in W.P.(MD)No.8577 of 2020 etc., batch wherein, the prayer has been made for grant of patta in favour of the petitioners in respect of the lands, which they have encroached.

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5.We fail to understand as to how such could be the reason for not taking any action for removal of encroachment. Firstly, the person, who speaks for issuance of patta should show that he has title to the property or he is otherwise lawfully entitled to. No person has got vested right to claim for grant of patta in Government property.

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W.P.(MD)Nos.7612 of 2020 etc., batch

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6.Admittedly, the land in question is a Government property, water-body or land appurtenant to the water body. Even assuming for the sake of arguments, if we accept the stand of K.Ravichandran and others that the land occupied by them is not in Ayyanar Lake, but, admittedly, the land is a Government Property. Even assuming that the Government has granted patta to certain people, those pattas are held to be illegal and a person cannot seek for similar relief, as it would amount to perpetuating illegal. Therefore the prayer sought for in W.P.(MD)No.8577 of 2020 for grant of patta is thoroughly misconceived and liable to be dismissed.

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7.The Tahsildar, Budalur, the 6^th respondent in W.P.(MD) No.10432 of 2020 etc., batch has filed a counter affidavit, wherein, it has been stated as follows:

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W.P.(MD)Nos.7612 of 2020 etc., batch

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W.P.(MD)Nos.7612 of 2020 etc., batch

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The Assistant Executive Engineer, Kallanai Channel Division, the third respondent in W.P.(MD)No.8577 of 2020 has filed a counter affidavit, clearly stating that the land is not “Tharisu poromboke land” but, it is a foreshore area of "Ayyanar Eri". Further, it has been stated that no ‘B’ memo charges were received from the fasli year 1423 – 1429. Further, the Assistant Engineer is right in his submission that a person who has paid ‘B’ memo charges, can never state a claim for grant of patta, because levy of ‘B’ memo charges itself shows that the person is an encroacher.

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9.Thus, for the above reasons, we find that the authority should take action to remove the encroachments, as expeditiously as possible, as already due procedure has been followed. However, taking note of the present pandemic situation, the authorities are directed to take action after 30.07.2021, to evict the encroachers and if necessary, the authorities may address the Superintendant of Police / Commissioner of Police of the District, for providing adequate police protection. The writ petitioners / encroachers shall be permitted to harvest the standing crops within the aforesaid period.

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W.P.(MD)Nos.7612 of 2020 etc., batch

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In the light of the above observation, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed

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Sd/-

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Assistant Registrar (CS-I)

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// True Copy //

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Sub Assistant Registrar(CS)

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RM/ogy

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Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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The District Collector, District Collector Office, Thanjavur.

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The District Revenue Officer, Thanjavur.

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The Revenue Divisional Officer, Thanjavur.

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The Thasildar, Bhoodhalur, Thanjavur.

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The Superintent Engineer, Kallanai Chennel Division, Bhoodhalur.

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The Superintending Engineer, Public Works Department, Lower Cauvery Basin Circle, Water Resources Division, Thanjavur District.

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The Chief Engineer Kallanai Canal Division, Trichy Thanjavur Thiruvarur District Near S.R.M Hotel, K.K.Nagar Thiruchirapalli

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The Assistant Executive Engineer, Kallanai Canal Division, Boodhalur, Thanjavur District

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- 2 cc to Mr.Y.Krishnan, Advocate (SR 18856)

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W.P.(MD)Nos.7612, 10432, 10435, 10437, 10441, 10445, 10450, 10452, 10454, 10457, 10459, 10463, 10464, 10465, 10467, 10484, 10486, 10488, 10495, 10498, 10500, 10508, 10512 and 8577 of 2020 04.06.2021

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SGS(CO)

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KB(25.08.2021) 18P 11C

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M.Krishnamoorthy v. the District Collector

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M.Krishnamoorthy v. the District Collector

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