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V.Paraman vs The District Collector

Madras High Court|25 July, 2017

JUDGMENT / ORDER

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner questions the order dated 24.09.2013 issued by the first respondent herein. The writ petitioner also seeks consequential relief of granting patta in his favour for the lands comprised in Survey Nos.705 and 710, Mavathur Village, Kadavur Taluk, Karur District.
2.The first respondent passed the order dated 24.09.2013 pursuant to the direction given by this Court in W.P.(MD)No.462 of 2013 dated 09.01.2013. The first respondent has taken into account the statement of the petitioner, the petition given by the local leader of the farmers, demand of the general public as well as resolution of the Grama Sabha. It has been found that the writ petitioner is in occupation and enjoyment of lands classified as Pathai Puramboke and Vaari Puramboke. Since the path way as well as the water channel cannot be allowed to be encroached, the first respondent rightly ordered the removal of the said enhancements. The writ petitioner's request for grant of patta can obviously not be accepted. Patta can be given in respect of unobjectionable poramboke. But pathway and ?Vaari? (water channel) cannot be allowed to be encroached. Encroachment of pathway and ?Vari? are in the very nature of things, objectionable. Therefore, the first respondent gave a direction for cancellation of ?B? Memo and for removal of the encroachment in question. No exception can be taken to the said direction issued to the first respondent.
3.We find no merit in this writ petition. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The District Collector, Karur District, Karur.
2.The Revenue Divisional Officer, Kulithalai, Karur District.
3.The Tahsildar, Kadavur Taluk at Tharagampatti, Karur District..
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Title

V.Paraman vs The District Collector

Court

Madras High Court

JudgmentDate
25 July, 2017