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W.P.No.8884 of 2024& W.M.P.No.9891 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.04.2024CORAM:THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.8884 of 2024& W.M.P.No.9891 of 2024K.Rajendran... Petitionerversus1.The District Collector, Cuddalore District, Cuddalore.2.The Revenue Divisional Officer, Viruthachalam, Cuddalore District.3.The Tahsildar, Thitakudi Taluk, Cuddalore District.4.The Block Development Officer, (Scheme) Mangalamedu, Thittakudi Taluk, Cuddalore District.5.Sakthivel, The Panchayat President, Korakavadi Village Panchayat, Thittakudi Taluk, Cuddalore District....Respondents1/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to inspect the ongoing compound wall work within school land in Survey No.486/2 situated at Korakkavadi Village, Thittakudi Taluk, and further to take appropriate steps, for the villages to have free access to the agriculture land in Survey No.486/1 as per the order passed by the 2nd respondent in his proceedings in O.Mu (A4) 466/2014 dated February 2014 and to safeguard the irrigation pipeline put up by the petitioner in Survey No.486/1 at Korakkavadi Village, Thittakudi Taluk, Cuddalore District as per the order passed by the 3rd respondent in his proceedings in Moo.Mu.A1.5914-2010 dated 14.06.2010.For Petitioner: Mr.V.Sivalingamfor M/s.C.S.AssociatesFor Respondent Nos.1 to 3:Mr.P.GurunathanAdditional Government PleaderFor Respondent No.4:Mr.R.Neethi PerumalGovernment AdvocateFor Respondent No.5:No AppearanceO R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to inspect the ongoing compound wall work within School land in Survey No.486/2 situated at Korakkavadi Village, Thittakudi Taluk, and also to take appropriate steps, for the villagers to have 2/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024free access to the agriculture land in Survey No.486/1 as per the order passed by the 2nd respondent in his proceedings in O.Mu (A4) 466/2014 dated February, 2014 and to safeguard the irrigation pipeline put up by the petitioner in Survey No.486/1 at Korakkavadi Village, Thittakudi Taluk, Cuddalore District, as per the order passed by the 3rd respondent in his proceedings in Moo.Mu.A1.5914-2010 dated 14.06.2010.2.According to the petitioner, he is doing some agricultural activities in small portion of land in Survey Nos.451 and 462 in Korakkavadi Village, Thittakudi Taluk, Cuddalore District and he has also erected the bore well. There are river poramboke land in S.No.528, pathai poramboke land in S.No.487, thoppu poramboke land in S.No.486 and channel poramboke land in S.No.485 which are under the control of Revenue Department.3.The petitioner is an agriculturist and irrigating his lands on all corners from one end to the other and thus, he has to take water from the bore well through pipelines. He laid pipelines near the poramboke lands. In this regard, the petitioner made a representation to the 3rd respondent seeking permission and the same was forwarded to the Revenue Inspector, 3/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024Thittakudi, for an enquiry and sent a report on 02.06.2010 to the 3rd respondent with a recommendation to grant permission to lay underground pipeline for irrigating his agricultural land. The 3rd respondent has given permission on 14.06.2010 on condition that the pipeline should be laid below three feet from the ground level. The village people prevented the petitioner from laying pipeline in the thoppu poramboke land, despite the fact that he had obtained permission. Hence, he sought for police protection, but no action was taken. He filed Crl.O.P.No.23357 of 2010 to give police protection and the same was given and he laid the pipelines. 4.Survey No.486 is a thoppu poramboke land, measuring an extent of 1.38.0 hectors. The petitioner's land was used as a pathway by the village people to go to their agricultural lands. So the petitioner and the village people made a request to the 1st respondent to convey the land as a pathway. The 2nd respondent passed an order dated 19.02.2014 conveying the western side of the land measuring 19 meters in width and 110 meters in length, measuring an extent of 0.36.25 acre was demarcated as carriage way and directed the 3rd respondent to carry out the re-entry in the land records, and it has been sub-divided as S.No.486/1 and the remaining vacant land, 4/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024measuring an extent of 1.01.75 acre has been sub-divided as S.No.486/2. Subsequently, the Government sanctioned school building to the Village and the revenue authorities muted the land to the Educational Department. The school building was constructed in the year 2017 and presently, a school is running.5.Now, all of a sudden, the President is digging the ground in the name of erecting the compound wall for the school, in the poramboke land where the irrigation pipeline is put up, keeping in mind the election rivalry. As they started the ground work by digging the pit away from the school land, damaged the irrigation pipeline which was laid for taking water to the agricultural land in S.No.486/1. Holigans were threatened the petitioner and damaged the irrigation pipeline, in the name of constructing the compound wall. He made representation to the respondents on 20.03.2024 requesting to direct the President to stop the digging work beyond S.No.486/2 and the irrigation pipeline should not be damaged. Since no action is taken by the respondents, the petitioner has approached this Court by way of filing this Writ Petition.5/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 20246.It is seen that the petitioner's land is not the land in S.No.486/1 and the land in question is 486/2. It is also seen that the thoppu poramboke land, pathai poramboke land and other poramboke lands are all in S.No.485, 486, 487 and 528 respectively. The petitioner cannot claim any right in the poramboke lands. It is seen that the permission was granted to him to lay a pipeline and on that basis, the petitioner cannot stall the work done for protecting the school children by constructing a compound wall.7.The learned Additional Government Pleader for the respondents 1 to 3 has produced a Government Letter dated 10.04.2024, wherein it has been stated that they have already started to construct the compound wall. It is seen from the sketch produced in S.Nos.486/1 and 486/2, there is a pathway to an extent of 89 feet in which the petitioner and villagers can go and reach their lands and the petitioner cannot stall the proceedings which is taking place in S.No.486/2. 8.Hence, this Court is of the view that the petitioner's apprehension is not correct and he has no right to stall the proceedings of the first respondent, who wants to build a compound wall to protect the school 6/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024children from danger. This Court do not find any merits to consider the prayer of the petitioner favourably. This Writ Petition is dismissed accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.15.04.2024Speaking order / Non-speaking orderIndex: Yes / NoNeutral Citation: Yes / NosriTo1.The District Collector, Cuddalore District, Cuddalore.2.The Revenue Divisional Officer, Viruthachalam, Cuddalore District.3.The Tahsildar, Thitakudi Taluk, Cuddalore District.4.The Block Development Officer, (Scheme) Mangalamedu, Thittakudi Taluk, Cuddalore District.7/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024V.BHAVANI SUBBAROYAN , J. sriW.P.No.8884 of 2024& W.M.P.No.9891 of 202415.04.20248/8
W.P.No.8884 of 2024& W.M.P.No.9891 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.04.2024CORAM:THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.8884 of 2024& W.M.P.No.9891 of 2024K.Rajendran... Petitionerversus1.The District Collector, Cuddalore District, Cuddalore.2.The Revenue Divisional Officer, Viruthachalam, Cuddalore District.3.The Tahsildar, Thitakudi Taluk, Cuddalore District.4.The Block Development Officer, (Scheme) Mangalamedu, Thittakudi Taluk, Cuddalore District.5.Sakthivel, The Panchayat President, Korakavadi Village Panchayat, Thittakudi Taluk, Cuddalore District....Respondents1/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to inspect the ongoing compound wall work within school land in Survey No.486/2 situated at Korakkavadi Village, Thittakudi Taluk, and further to take appropriate steps, for the villages to have free access to the agriculture land in Survey No.486/1 as per the order passed by the 2nd respondent in his proceedings in O.Mu (A4) 466/2014 dated February 2014 and to safeguard the irrigation pipeline put up by the petitioner in Survey No.486/1 at Korakkavadi Village, Thittakudi Taluk, Cuddalore District as per the order passed by the 3rd respondent in his proceedings in Moo.Mu.A1.5914-2010 dated 14.06.2010.For Petitioner: Mr.V.Sivalingamfor M/s.C.S.AssociatesFor Respondent Nos.1 to 3:Mr.P.GurunathanAdditional Government PleaderFor Respondent No.4:Mr.R.Neethi PerumalGovernment AdvocateFor Respondent No.5:No AppearanceO R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to inspect the ongoing compound wall work within School land in Survey No.486/2 situated at Korakkavadi Village, Thittakudi Taluk, and also to take appropriate steps, for the villagers to have 2/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024free access to the agriculture land in Survey No.486/1 as per the order passed by the 2nd respondent in his proceedings in O.Mu (A4) 466/2014 dated February, 2014 and to safeguard the irrigation pipeline put up by the petitioner in Survey No.486/1 at Korakkavadi Village, Thittakudi Taluk, Cuddalore District, as per the order passed by the 3rd respondent in his proceedings in Moo.Mu.A1.5914-2010 dated 14.06.2010.2.According to the petitioner, he is doing some agricultural activities in small portion of land in Survey Nos.451 and 462 in Korakkavadi Village, Thittakudi Taluk, Cuddalore District and he has also erected the bore well. There are river poramboke land in S.No.528, pathai poramboke land in S.No.487, thoppu poramboke land in S.No.486 and channel poramboke land in S.No.485 which are under the control of Revenue Department.3.The petitioner is an agriculturist and irrigating his lands on all corners from one end to the other and thus, he has to take water from the bore well through pipelines. He laid pipelines near the poramboke lands. In this regard, the petitioner made a representation to the 3rd respondent seeking permission and the same was forwarded to the Revenue Inspector, 3/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024Thittakudi, for an enquiry and sent a report on 02.06.2010 to the 3rd respondent with a recommendation to grant permission to lay underground pipeline for irrigating his agricultural land. The 3rd respondent has given permission on 14.06.2010 on condition that the pipeline should be laid below three feet from the ground level. The village people prevented the petitioner from laying pipeline in the thoppu poramboke land, despite the fact that he had obtained permission. Hence, he sought for police protection, but no action was taken. He filed Crl.O.P.No.23357 of 2010 to give police protection and the same was given and he laid the pipelines. 4.Survey No.486 is a thoppu poramboke land, measuring an extent of 1.38.0 hectors. The petitioner's land was used as a pathway by the village people to go to their agricultural lands. So the petitioner and the village people made a request to the 1st respondent to convey the land as a pathway. The 2nd respondent passed an order dated 19.02.2014 conveying the western side of the land measuring 19 meters in width and 110 meters in length, measuring an extent of 0.36.25 acre was demarcated as carriage way and directed the 3rd respondent to carry out the re-entry in the land records, and it has been sub-divided as S.No.486/1 and the remaining vacant land, 4/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024measuring an extent of 1.01.75 acre has been sub-divided as S.No.486/2. Subsequently, the Government sanctioned school building to the Village and the revenue authorities muted the land to the Educational Department. The school building was constructed in the year 2017 and presently, a school is running.5.Now, all of a sudden, the President is digging the ground in the name of erecting the compound wall for the school, in the poramboke land where the irrigation pipeline is put up, keeping in mind the election rivalry. As they started the ground work by digging the pit away from the school land, damaged the irrigation pipeline which was laid for taking water to the agricultural land in S.No.486/1. Holigans were threatened the petitioner and damaged the irrigation pipeline, in the name of constructing the compound wall. He made representation to the respondents on 20.03.2024 requesting to direct the President to stop the digging work beyond S.No.486/2 and the irrigation pipeline should not be damaged. Since no action is taken by the respondents, the petitioner has approached this Court by way of filing this Writ Petition.5/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 20246.It is seen that the petitioner's land is not the land in S.No.486/1 and the land in question is 486/2. It is also seen that the thoppu poramboke land, pathai poramboke land and other poramboke lands are all in S.No.485, 486, 487 and 528 respectively. The petitioner cannot claim any right in the poramboke lands. It is seen that the permission was granted to him to lay a pipeline and on that basis, the petitioner cannot stall the work done for protecting the school children by constructing a compound wall.7.The learned Additional Government Pleader for the respondents 1 to 3 has produced a Government Letter dated 10.04.2024, wherein it has been stated that they have already started to construct the compound wall. It is seen from the sketch produced in S.Nos.486/1 and 486/2, there is a pathway to an extent of 89 feet in which the petitioner and villagers can go and reach their lands and the petitioner cannot stall the proceedings which is taking place in S.No.486/2. 8.Hence, this Court is of the view that the petitioner's apprehension is not correct and he has no right to stall the proceedings of the first respondent, who wants to build a compound wall to protect the school 6/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024children from danger. This Court do not find any merits to consider the prayer of the petitioner favourably. This Writ Petition is dismissed accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.15.04.2024Speaking order / Non-speaking orderIndex: Yes / NoNeutral Citation: Yes / NosriTo1.The District Collector, Cuddalore District, Cuddalore.2.The Revenue Divisional Officer, Viruthachalam, Cuddalore District.3.The Tahsildar, Thitakudi Taluk, Cuddalore District.4.The Block Development Officer, (Scheme) Mangalamedu, Thittakudi Taluk, Cuddalore District.7/8 https://www.mhc.tn.gov.in/judis W.P.No.8884 of 2024& W.M.P.No.9891 of 2024V.BHAVANI SUBBAROYAN , J. sriW.P.No.8884 of 2024& W.M.P.No.9891 of 202415.04.20248/8