W.P.(MD)No.

29479 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 29.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA

W.P.(MD)No.29479 of 2024
and
W.M.P(MD)Nos.24863, 24865 and 24867 of 2024

S.Elosius ... Petitioner

Vs.

1.The District Collector,

Tirunelveli.

2.The Revenue Divisional Officer,

Tirunelveli.

3.The Tahsildar,
Tirunelveli Taluk,
Tirunelveli.

4.The Superintending Engineer,

TWAD Board,
911/82, R.C.Church Complex,
Telegraph Office Building,
Madurai Main Road,
Kovilpatti, Tuticorin. ...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorari, to call for the records relating to the impugned
order in COI TNV/5312/2023-G2, dated 24.02.2024 passed by the first
respondent and quash the same.

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 W.P.(MD)No.29479 of 2024

For Petitioner : Mr.H.Arumugam

For R1 to R3 : Mr.Veera Kathiravan

Additional Advocate General
Assisted by Mr.A.Kannan
Additional Government Pleader

For R4 : Mr.R.Satheesh
Standing Counsel

ORDER

The writ petition has been filed challenging the order impugned passed

by the first respondent, dated 24.02.2024, permitting the first respondent to

enter the property of the petitioner in S.No.11C/2 to an extent of 68 cents in

Kuppakurichi Village, Tirunelveli Taluk and District for the purpose of

establishing water purifier station.

2. With the consent of both parties, the writ petition is taken up for final

disposal.

3. The property originally belonged to one Muthukrishna Reddiyar under

Will, dated 07.02.1958 executed by his son, Pappu Reddiyar. While so, Tamil

Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, came into force

and all the lands belonging to the family of Muthukrishna Reddiyar were

subjected to land reform proceedings. The petitioner submitted that

Muthukrishna Reddiyar took up the matter by way of revision to the Hon'ble

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 W.P.(MD)No.29479 of 2024

High Court in C.R.P.No.1173 of 1972 under Section 83 of the Act, 1961 and

this Court held that as the subject lands were agricultural lands they were

exempted under the provisions of the Act. Thus, the title of Muthukrishna

Reddiyar was confirmed and as the Government did not challenge the order it

attained finality. The petitioner purchased the lands from the son of said

Muthukrishna Reddiyar. Ever since the purchase, the petitioner was in

enjoyment and possession of the same. Immediately after the purchase, the

petitioner submitted a representation on 03.05.2017, for issuance of patta in his

favour. The same was enquired by the Village Administrative Officer, and the

third respondent recommended the second respondent vide his proceedings,

dated 23.02.2018, for issuance of patta in favour of the petitioner, but inspite of

the same no order was passed. Meanwhile, the petitioner came to know that

there was a proposal for construction of water purifier station in S.No.11C

under the combined water supply scheme. The petitioner therefore submitted a

representation to the respondents reiterating the earlier request for grant of patta

and produced all the relevant documents. At this juncture, the petitioner came to

know that the first respondent passed the impugned order, dated 22.04.2024,

granting permission to the fourth respondent to enter into the petitioner's

property for the purpose for construction of water purifier station. The

impugned order covered the lands in S.No.11C/1, 11C/2 and 11C/3 for total

extent of 3.59.50 hectares. The petitioner has filed the above writ petition

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 W.P.(MD)No.29479 of 2024

challenging the impugned order in respect of his lands in S.No.11C/2 to an

extent of 65 cents.

4. When the matter was taken up on earlier occasions, after elaborate

arguments, representation was made on behalf of the Government stating that

there was no access to S.No.11C/3, where the water purifier station was

constructed. The learned Additional Advocate General further stated that

without entering into the petitioner's lands in S.No.11C/2, the water purifier

station in S.No.11C/3 could not be accessed.

5. The fourth respondent filed status report along with sketch on

27.01.2024, stating that an extent of 11 cents was required for laying pathway to

the water purifier station in S.No.11C/3. Therefore, the respondents placed two

proposals before the petitioner. The first proposal was for exchange of the lands

and other proposal was for compensation. The learned counsel sought time for

getting instructions. Today, when the matter was taken up, the learned counsel

submitted that the petitioner and the respondents have agreed for exchange of

lands.

6. In support of the same, the learned counsel for the petitioner filed reply

affidavit, dated 29.01.2025, wherein, the petitioner stated as follows:

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 W.P.(MD)No.29479 of 2024

"6. I submit that in view of the above consensus arrived the

respondents may be directed to earmark the 11 cents proposed to
be given in S.No.11C/1 in lieu of taking my land in S.No.11C/2 for
pathway by earmarking the same in the plan and consequently
direct the respondents to issue patta for my land in S.Nos. 11C/2
and 11C/1 i.e., the proposed exchange of land".

7. The learned Additional Advocate General also admitted that the said

consonance was arrived at with the petitioner.

8. In view of the above consensus, a direction is issued to the respondents

1 to 3 to issue patta to the petitioner for the remaining lands in S.No.11C/2 to an

extent of 51 cents, which admittedly belongs to the petitioner and for 11 cents in

S.No.11C/1 given to the petitioner in exchange of 11 cents of his land in

S.No.11C/2 within a period of 8 weeks from the date of receipt of a copy of this

order.

9. Accordingly, the writ petition stands disposed of. No costs.

Consequently, connected miscellaneous petitions are closed.

29.01.2025

NCC:yes/no
Index:yes/no
Internet:yes/no
SN

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 W.P.(MD)No.29479 of 2024

To:

1.The District Collector,

Tirunelveli.

2.The Revenue Divisional Officer,

Tirunelveli.

3.The Tahsildar,
Tirunelveli Taluk,
Tirunelveli.

4.The Superintending Engineer,

TWAD Board,
911/82, R.C.Church Complex,
Telegraph Office Building,
Madurai Main Road,
Kovilpatti, Tuticorin.

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 W.P.(MD)No.29479 of 2024

N.MALA, J.

SN

W.P.(MD)No.29479 of 2024

29.01.2025

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