A landowner's property was wrongly attached in revenue recovery proceedings for recovery of falsely claimed Noyyal River pollution compensation. Officials admitted the wrong survey number was included. The court directed the District Collector to release the property and the Sub-Registrar to record the order within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.No.2752 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
WP.No.2752 of 2023
Eswaran
.. Petitioner
Versus
2.The Revenue Divisional Officer Dharapuram, Tiruppur District
3.The Tahsildar Kangeyam, Tiruppur District
4.The Sub Registrar Vellakovil Sub Register Officer Tiruppur District .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to pass an order for removal of wrong entry/encumbrance which is made on the petitioner's property situated at Survey No.216/4A, Chinnamuthur, Oodayam Revenue Village, Kangeyam Taluk, Tiruppur District regarding to the Revenue Recovery Proceedings initiated for recovery of compensation amount from Noyyal River Irrigation Aayakkattu Association Members.
For Petitioner : Mr.M.Vjayaragavan
For Respondents : Mr.S.J.Mohamhed Sathik Government Advocate
1/4
WP.No.2752 of 2023
ORDER
This writ petition has been filed for a direction, directing the 1st respondent to pass an order for removal of wrong entry/encumbrance which is made on the petitioner's property situated at Survey No.216/4A, Chinnamuthur, Oodayam Revenue Village, Kangeyam Taluk, Tiruppur District regarding to the Revenue Recovery Proceedings initiated for recovery of compensation amount from Noyyal River Irrigation Aayakkattu Association Members.
2/4
WP.No.2752 of 2023
Government Advocate dated 03.07.2024, wherein it is clearly stated that while passing the attachment order, instead of Re-survey No.216, Murungiyampalam Village, Kodumudi Taluk, Erode District, the petitioner's land in Resurvey No.216, Oodayam Village, Kangeyam Taluk, Tiruppur District has been wrongly included in the order. Therefore, in this regard, the Tahsildar has already sent a proceedings in Na.Ka.No.4501/2023/A1 dated 30.06.2023.
consent of both parties, this writ petition is taken up for final disposal.
no way connected with the revenue recovery proceedings and has been wrongly included instead of other survey number, the first respondent is directed to pass an order in this regard to release the petitioner’s property from the Recovery Proceedings and send such order to the Sub-Registrar concerned. On receipt of such communication from the District Collector, the fourth respondent/Sub Registrar shall make an entry with regard to the order of the District Collector. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
N. SATHISH KUMAR, J.
3/4
WP.No.2752 of 2023
03.07.2024
dhk Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No
To,
2.The Revenue Divisional Officer Dharapuram, Tiruppur District
3.The Tahsildar Kangeyam, Tiruppur District
4.The Sub Registrar Vellakovil Sub Register Officer Tiruppur District
W.P.No.2752 of 2023
4/4
1 issue framed by the court
Whether the petitioner's wrongly attached property can be released from revenue recovery proceedings meant for other lands.
Eswaran
The District Collector Tiruppur, Tiruppur District
The Revenue Divisional Officer Dharapuram, Tiruppur District
The Tahsildar Kangeyam, Tiruppur District
The Sub Registrar Vellakovil Sub Register Officer Tiruppur District
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
