K. AMMASI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is before this Court, with a prayer to issue a writ of certiorarified mandamus, calling for the records relating to issue of the two impugned orders viz., the first impugned order in Lr.No.Ko.3/2021/AE (Rasi) dtd. 29/10/2021 issued by the 4th respondent and the other impugned order in proceedings Na.Ka.No.6488/2021/B1 dtd. 28/12/2021 issued by the 6th respondent and quash the same and direct the 1st respondent to consider the representation of the petitioner dtd. 8/11/2021 and also allow the petitioner's house without demolition as in the same location after getting equivalent lands from his patta lands situated adjoining the same survey no.67 of Mathiampatti Village.

(2.) Heard the counsel for the parties and perused the materials available on record.

(3.) The learned counsel for the petitioner submitted that the subject matter of the land measuring to an extent of 0.42 acres in Survey No.67 of Mathiampatti Village, Rasipuram Taluk, Namakkal District, is classified as "Government River Poramboke", as per the revenue records. The petitioner purchased the land measuring One acre in Survey No.40/2 of Mathiampatti Village, Rasipuram Taluk, Namakkal District from Easwaran Gounder by sale deed dtd. 25/8/1995. During the purchase of the above said land, Government Poramboke lands in Survey No.40/1 and 40/3 and some portion in Survey No.67 were also taken possession from the said Easwara Gounder. In the patta land in Survey No.40/2 a channel has been laid for irrigation purpose by the Public Works Department (PWD) for that no compensation had been paid to the fore-fathers of the petitioner's vendor and instead of that the PWD allowed 40 cents of land in Survey No.67 for cultivation to the fore-fathers of Easwara Gounder, which is now in possession of the petitioner. Therefore, it is not at all encroachment.