A M S SIKAPUTHIN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The instant writ petition has been filed for directing the Tahsildar, Pattukkottai, to cancel the patta issued in favour of the private respondents in respect of survey Nos.57/1, 57/3, 57/4 at Aripurakarai Village, Pattukottai Taluk, Tanjore District. The writ petitioner had also sought consequential relief of removal of encroachments and for restoration of Valakulam Kanmoi and adjoining water catchment area to its original position.

(2.) The contesting private respondents have filed their counter affidavits opposing the prayer made in the writ petition. The third respondent viz., the Tahsildar, Pattukottai had submitted a counter affidavit on his behalf and on behalf of the respondents 1 and 2.

(3.) It is seen from the counter affidavit filed by the revenue authority that S.No.57/2 measuring an extent of 2.57 acres has been classified as poramboke Valakulam and S.No.57/1 measuring an extent of 3.96 acres was also originally classified as poramboke kulam in the Register of Rights prior to settlement operation. But, after the introduction of ryotwari settlement, S.No.57/1 was re-classified as government poramboke. S.No.57/2 continued to be shown as Valakulam. During UDR, patta came to be issued in favour of the private parties. The Tahsildar, Pattukottai has stated that as on date, there is no kulam or water catchment area in the survey field. S.No.57/2 is used as a playground. The third respondent has contended that since pattas have been issued in favour of the private parties in respect of S.No.57/1, 57/3 and 57/4, they cannot be considered as encroachments.