R.CHINNASAMY Vs. COMMISSIONER OF LAND ADMINISTRATION

JUDGEMENT

(1.) This writ petition is filed as a pro bono litigation by an encroacher of a Government land in S.No.287/2 of Thangachiammapatty Village, Ottanchatram Taluk, Dindigul District, for a Writ of Mandamus forbearing the official respondents from allotting the water canal in S.No.287/2 for construction of any houses and for issuing any patta.

(2.) The case of the petitioner is that he is having lands in S.Nos.287/1A, 287/1B, 285/2, 285/3, 286/1A, 286/2A, 286/1B, 286/2B, 300/2 and 309/1 of Thangachiammapatty, Ottanchatram Taluk, Dindigul District and the water from Sadayankulam Kanmoi is used for irrigating the said lands. According to the petitioner, the water from the Northern Kalingu of Sadayankulam Kanmoi goes through the water canal situated in S.No.287/2 of Thangachiammapatty village and reaches Nanganchiyaru. The said water canal in S.No.287/2 is of 100 feet wide and it is also adjacent to his lands in S.Nos.287/1A & 287/1B.

(3.) The further case of the petitioner is that in the year 1964, a small village road was laid on the banks of the said water canal in S.No.287/2 and after the formation of that road, few people have unauthorisedly occupied the land and have also constructed houses on the sides of the village road. The encroachers have also sought for patta and the same was objected to by the villagers. Now the official respondents are taking steps to allot the remaining lands to the persons, who are affected by the acquisition of lands for the Ottanchatram - Dharapuram Highway project, as alternative house sites and therefore, he has filed the present petition for the aforesaid relief.