A writ of mandamus sought reconveyance of land gifted to the Tamil Nadu Government for a percolation pond, alleging non-utilisation and encroachment. The State stated the project was completed and in public use with government construction on site. The court found no merit and dismissed the petition.
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W.P (MD).No.20681 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No.20681 of 2022 and W.M.P(MD)No.14994 of 2022
M.Rajamaniammal
.... Petitioner
Vs
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W.P (MD).No.20681 of 2022
8.M.Saravanan 9.K.K.Jayaraman 10.R.Nithya 11.A.Tamilselvi
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 4 to reconvey the land comprised in survey number 253/4 situated in Koduvilarpatti Village, Theni Taluk, Theni District which has an extent of 0.70 cents donated by the petitioner in favour of the Government of Tamilnadu vide Document No.1362 of 1988 dated 25.03.1988 for creating a percolation pond (Kasivu Neer Kuttai) to increase the underground water table so as to ease the drinking water supply to the people and also to provide water to the cattels which was not utilized by the Government for the past 14 years.
For Petitioner : Mr.V.Chandrasekar For R1 & R3 to R5 : Mr.D.Gandhi Raj Special Government Pleader For R2 : Mr.M.Saravanakumar For R7, R8 & R11 : Mr.K.Periyakaruppan
O R D E R
This writ petition has been filed for a direction directing the respondents 1 to 4 to reconvey the land comprised in survey number 253/4 situated in Koduvilarpatti Village, Theni Taluk, Theni District to an extent of 0.70 cents which was originally donated by the petitioner in favour of the
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W.P (MD).No.20681 of 2022
Government of Tamilnadu vide Document No.1362 of 1988 dated 25.03.1988 for creating a percolation pond (Kasivu Neer Kuttai) to increase the underground water table.
by the learned Special Government pleader appearing for the respondents 1,3 to 5 revealed that after receipt of the land, even in the year 1988-89 the entire project of Percolation was completed and it is under the use of general public.
W.P (MD).No.20681 of 2022
That apart, in the said land there is a construction made by the Government and as such, it cannot be reconveyed to the petitioner at any cost.
considered and the writ petition is devoid of merits and it is liable to be dismissed. Accordingly the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
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W.P (MD).No.20681 of 2022
G.K.ILANTHIRAIYAN, J.
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W.P (MD).No.20681 of 2022
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1 issue framed by the court
Whether land gifted to the Government in 1988 for a percolation pond that remained allegedly unused should be reconveyed to the donor.
1 provisions across 1 enactments
M.Rajamaniammal
The Secretary to the Government, Government of Tamilnadu
The Secretary, Agriculture Engineering Department
The Assistant Executive Engineer, Agriculture Engineering Department, Dindigul
The District Collector, Theni District
The District Registrar, Periakulam
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
