N.G. GOVINDAN Vs. THE STATE AND ORS.

JUDGEMENT

(1.) This Writ Petition has been filed praying for a Mandamus to direct the respondents not to enter the property of the petitioner in S.F. No. 365/1 at Kannanur Village, Thuraiyur Taluk, Trichy District and undertake any excavation work for the purpose of construction of any sump and overhead tank in the property except by recourse to the suitable provisions of law.

(2.) According to the petitioner, he has purchased the property in Kannanur Village in Natham S.F. No.365/1 through the registered sale deed dated 24.12.2011. A portion of the said property in the same survey number has also been purchased in the name of the petitioner's daughter-in-law on the very same date. Even though it is purchased in the name of daughter-in-law, it is stated that the petitioner is the owner of the property in question. He would contend that his earlier vendor namely one N.Mani had earlier filed a suit in O.S. No.129 of 1997 on the file of the District Munsif Court, Thuraiyur, against the Government for declaration and injunction in respect of the property and obtained a decree in his favour and the appeal preferred by the Government was also dismissed and subsequently, he has purchased the said property under the strength of the Civil Court decree.

(3.) According to the petitioner, the third respondent herein, namely, the Tamil Nadu Water and Drainage Board has no legal right to enter the property in question. But they have entered upon the property on 04.08.2014 to have a soil test and dug up pits in several parts of the property in question. He would further contend that earlier he filed a Writ Petition in W.P.(MD).No.10681 of 2014 before this Court to consider the representation made by the petitioner on 01.05.2014. The said Writ Petition came to be dispose of on 08.07.2014 to consider the representation of the petitioner. Prior to that, his predecessor, namely, the said Mani had filed a Writ Petition in W.P.(MD).No.2385 of 2009 to issue patta in his name for the property in question. The said Writ Petition was also ordered on 15.04.2009. Even then it was not considered by the respondents, the petitioner has come forward with the present Writ Petition for the relief stated supra.