P. Paramasivam v. District Collector, Dindigul District
2014-10-20
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment : 1. According to the Petitioners, the property comprised in S.Nos.94/1 and 94/2 measuring 3.30 acres and other ancestral properties situated in Keezhkodai, Vellakavi Village, Kodaikanal Taluk, Dindigul District belong to their ancestors. The petitioner's father and grand father owned the above properties and other properties ancestrally and on their demise, the family members inherited the entire ancestral properties including S.Nos.94/1 and 94/2. By family arrangement, S.No.94/1 was allotted to the first petitioner and S.No.94/2 was allotted to the second petitioner. All the revenue records and patta for the above properties are standing in their name and they are paying kist and other statutory charges to the revenue department, Panchayat and other departments. There is a Well in Survey Nos.94/1 and 94/2 and they are irrigating their lands with supply of water from the said Well to the crops like Coffee and cardamom. The Well situated in their property is a private one and except the petitioners, no others have got any right over the same. 2. The petitioners gave a complaint and represented the matter to the respondents 1 to 4 stating that the fifth respondent is an Executive Authority under the Tamil Nadu Panchayat Act and he is not expected to act above law and also without due regard to the law of the land at his whims and fancies in abuse and misuse of his power. 3. The real grievance of the petitioner is that the fifth respondent on 14.10.2014 along with his henchmen illegally trespassed and caused damages to the Well for the objection made by the petitioners. Since the fifth respondent acted with mala fide intention he was impleaded as sixth respondent in his personal capacity. 4. Per contra, the learned Government Advocate appearing for R1 to R5 brings it to the notice of this Court that the Well in question belongs to the Government and that the said Well does not belong to the Petitioners' Ancestors. Only for renovating the Well, the fifth respondent had taken steps in this regard and further, entered into the property in question and beyond that he had not done anything in the matter in issue. In effect, on behalf of the respondents 1 to 5, it is categorically denied that the petitioners' ancestors/fore fathers were the owners of the Well. 5.
In effect, on behalf of the respondents 1 to 5, it is categorically denied that the petitioners' ancestors/fore fathers were the owners of the Well. 5. In view of the disputed facts involved in the present writ petition and also this Court taking note of the fact that the petitioners' prayer in the writ petition is only to consider his representation dated 15.10.2014 by respondents 1 to 4 and also when the petitioners had sought a relief against the fifth respondent and his men from interfering with their private patta land in Survey Nos.94/1 and 94/2 measuring an extent of 3.30 acres with a well therein situated in Keezhakodai, Vellakavi Village, Kodaikanal Taluk, Dindigul District, this Court, in the interest of justice and fair play, directs the respondents 1 to 4 to look into the representation made by the petitioners' dated 15.10.2014 in a fair and just manner and to pass appropriate orders, within a period of ten days from the date of receipt of a copy of this order. Till such time, the fifth respondent is directed to maintain status quo in the matter in question. 6. With the aforesaid directions, the writ petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.