N. Kumaresan v. The District Collector

ORDER Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents.

¶2The petitioner wants this Court to forbear the respondents particularly the fourth respondent from interfering with the petitioner's possession and enjoyment of the patta land in Survey No.409 /18B, Thiruvattar Village in Kalkulam Taluk. The case of the petitioner is that if the authorities want to utilise the same, they must take recourse to acquisition proceedings.

¶3The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition. He also took me through the sketch enclosed in the typed set of papers.

¶4The learned counsel would argue that right to property is a constitutional right under Article 300A. He pointed out that so long as the Survey No.409 /18B continues to be shown as patta land, the authorities cannot claim any right thereon.

¶5The respondents have filed counter affidavit and the learned Additional Government Pleader took me through its contents. He pointed out that in the petition mentioned survey number, there exists a narrow strip of pathway. It is leading to the office of the fourth respondent. There is also a Taluk hospital in the same campus. The only access to the forest office and the Government Hospital is through the said pathway. The public have been using the said pathway all along. He submitted that if the petitioner's request is accepted, public interest would suffer. He pressed for dismissal of the writ petition.

¶6I carefully considered the rival contentions and went through the materials on record.

¶7Mr.M.Ilayaraja, District Forest Officer, Kanyakumari is present in person. He states that only through the petition mentioned pathway, the officials as well as the members of general public can access the forest range office as well as the Taluk hospital. The photographs produced before me bear out the stand of the respondents. The learned Additional Government Pleader also drew my attention to the sale deed dated 27.07.2015 executed by one A.Arulraj in favour of G.Jothikumar. It is relevant to note here that A.Arulraj purchased the property from one S.Rajendran who is none other than the principal of the writ petitioner herein. The schedule to the said sale deed is as follows : brhj;Jtptuk; fd;dpahFkhp

khtl;lj;jpy;>

khh;j;jhz;lk; gjpt[ khtl;lj;jpy;> jpUtl;lhh; cgkhtl;lj;jpy;> fy;Fsk; jhYfhtpy>; jpUtl;lhh; tpy;ny$py;> (jw;nghJ Fynrfuk; B tpy;ny $;) Fynrfuk; njrj;jpy;> fhd;btd;l; $q;\dpy; $d;kk; wPrh;bt (409/17) ehE}w;wp xd;gjpy; yl;lh; gjpndHpy; 01 b+f;lh; 0.20.5 VWk;> nkw;go tpy;ny$; tif wPrh;bt 409/18.:y; 0.02.5 VWk; cs;gl xd;whf fplg;g[ brhj;jpy; wPrh;bt 409/17.ypUe;J cl;gphpthd wPrh;bt (409/17) ehE}w;wp xd;gjpy; yl;lh; gjpndG C.apy; kl;Lk; cs;gl;L tUtJk;> jpUtl;lhh; tpy;ny$; tif Kd;rh;bt 1.y; fPH;ek;gh; 8.y; cs;gl;lJk;> 766/2009.hk; eph; fpuag;gj;jpug;goa[s;s 03 Vf;fh; 04 brd;W brhj;jpy; tlf;fw;wk; 02 Vf;fh; 04 brd;Wk; 250 rJuypq;]; brhj;ij Kd;b$d;kp nkw;go uhn$e;jpud; mth;fs; kf;fSila bgaUf;F jpUtl;lhh; rhh;gjpthsh; mYtyfk; Kfhe;jpuk; 2010.y; 213.hk; vz;zhf brw;wpy;bkd;W gj;jpuk; gjpt[ bra;J bfhLj;jJ ePq;fyhf bjw;fw;wk; fplg;gJk;> nkw;go uhn$e;jpud; vd;gtUf;Fk; chpikg;gl;lJkhd 77 brd;Wk; 750 rJuypq;]; brhj;jpy; nkw;fw;wk; nkw;go wPrhbt 409/17C.y; kl;Lk; cs;gl;L tUk; brd;wpy; bjw;fw;wk; nkw;go 3764/2011.hk;

vz;

fpuagj;jpuj;Jld;

,izj;jpUf;Fk; gpshd;goa[s;sJkhd 05 brd;W brhj;jpy; bjw;F nkw;F ghfkhf tUk; ,j;Jld; ,izj;jpUf;Fk; gpshd;y; B yl;lh; bfhLj;J gr;ir epwk; bfhLj;jpUf;Fk; 1 ½ brd;wpy; tlf;fw;wk; E}w;wp ,UgJ rJuypq;];.f;F (0.00.120 ryp) rhpahd 4.86 rJukPl;lh; gug;gst[ bfhz;l tPLk;> kuq;fSk; xd;Wkpy;yhj fhyp kidj;JiwahFk;. "

The schedule to the sale deed clearly mentions the public pathway leading to the Forest Office and Government Hospital as the western boundary. I am satisfied that the petition mentioned pathway though technically is a patta land stand in the name of S.Rajendran has all along been a public pathway. Therefore, the writ sought for cannot be issued.

¶8This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

30.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To

1.The District Collector, Collectorate, Nagercoil, Kanyakumari District.

2.The Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District.

3.The District Forest Officer, Nagercoil, Kanyakumari District.

4.The Forest Range Officer, Forest Range Office, Kulasekaram, Kanyakumari District.

5.The Superintendent of Police, Nagercoil, Kanyakumari District.

6.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

G.R.SWAMINATHAN, J. MGA and M.P(MD)Nos.1 & 2 of 2015

30.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)Nos.1 & 2 of 2015 N.Kumaresan ... Petitioner Vs 1.The District Collector, Collectorate, Nagercoil, Kanyakumari District. 2.The Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District. 3.The District Forest Officer, Nagercoil, Kanyakumari District. 4.The Forest Range Officer, Forest Range Office, Kulasekaram, Kanyakumari District. 5.The Superintendent of Police, Nagercoil, Kanyakumari District. 6.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the fourth respondent from interfering with the petitioner's patta land in Survey No. 409/ 18B at Thiruvattar Village, Kalkulam Taluk, Kanyakumari District, without any acquisition proceedings. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 to R.4 Mr.A.Albert James Government Advocate for R.5 & R.6