Disposed

A.Sellapillai v. The District Collector

Madras HC16 Mar 2023WP/8078/2023

Case brief

AI extract

What is this about?

The High Court of Madras issued a writ of Mandamus directing the Tahsildar to survey government land classified as water bodies, conduct the survey with the petitioner present, and remove illegal encroachments within four weeks to facilitate cultivation.

What did the court decide?

The fourth respondent directed to conduct a survey and remove encroachments from Survey Nos.194/2, 195/2 and 198 within four weeks.

A.Sellapillai Vs The District Collector — Landlord and Tenant | Madras HC (2023)

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W.P.No.8078 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.03.2023

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CORAM

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THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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Writ Petition No.8078 of 2023 and W.M.P.No.8337 of 2023

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A.Sellapillai .. Petitioner

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Vs.

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The District Collector Salem District

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Salem – 636 001.

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The District Revenue Officer Collector Office

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Salem District – 636 001.

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The Revenue Divisional Officer Attur Division, Salem District-636 102.

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4.The Tahsildar Thalaivasal Taluk

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Salem District – 636 112.

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5.The Deputy Survey Inspector Deputy Survey Inspector Office Revenue Sub Division, Attur Salem District – 636 102.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.8078 of 2023

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The Deputy Superintendent of Police Deputy Superintendent of Police Office Attur Sub Division, Salem District-636 102.

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Mr.R.Velusamy .. Respondents

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Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the 4^th respondent to remove the illegal encroachment from the Government Land in the Pond and the Water Canal in and out of the pond in Survey Nos.194/2, 195/2 and 198 situated at Periyeri Village, Thalaivasal Taluk, Salem District to enable the petitioner to cultivate his land in Patta No.7477 and the order passed by the 1^st respondent dated 14.11.2022.

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For the Petitioner : Mr.T.Velu For the Respondents : Mr.P.Muthukumar State Government Pleader - for Respondents 1 to 6

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ORDER

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(Made by the Hon'ble Acting Chief Justice)

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The petitioner seeks a writ of Mandamus directing the 4^th respondent to remove the illegal encroachment from the Government Land in the Pond and the Water Canal in and out of the pond in Survey

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.8078 of 2023

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Nos.194/2, 195/2 and 198 situated at Periyeri Village, Thalaivasal Taluk, Salem District to enable the petitioner to cultivate his land in Patta No.7477 and the order passed by the 1^st respondent dated 14.11.2022.

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Learned counsel for the petitioner, in support of his submission has brought to the notice of this Court that in the revenue records viz., 'A' Register the lands in question viz., Survey Nos.194/2, 195/2 and 198 situated at Periyeri Village, Thalaivasal Taluk, Salem District are classified as 'Odai' (water body).

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Learned State Government Pleader who accepts notice for the respondents 1 to 6, sought four weeks time to remove the encroachments.

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In view of the above submission, this writ petition is disposed of, directing the fourth respondent to conduct survey of the lands in question, in the presence of the petitioner and the persons concerned, after issuing notice, and thereafter, to remove the encroachments

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.8078 of 2023

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within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

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(T.R., ACJ.) (D.B.C., J.) 16.03.2023 Index : Yes/No Neutral Citation : Yes/No

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kst

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.8078 of 2023

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The District Collector Salem District Salem – 636 001.

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The District Revenue Officer Collector Office Salem District – 636 001.

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The Revenue Divisional Officer Attur Division, Salem District-636 102.

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4.The Tahsildar Thalaivasal Taluk

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Salem District – 636 112.

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5.The Deputy Survey Inspector Deputy Survey Inspector Office Revenue Sub Division, Attur Salem District – 636 102.

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The Deputy Superintendent of Police Deputy Superintendent of Police Office Attur Sub Division, Salem District-636 102.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.8078 of 2023

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T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J

(kst)

W.P.No.8078 of 2023

16.03.2023

Page 6 of 6

https://www.mhc.tn.gov.in/judis

A.Sellapillai v. The District Collector

Case brief

What is this about?

What did the court decide?

A.Sellapillai v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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