A. PALANISAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner herein claims that he is the absolute owner of the property bearing block No 36, Ward D, Old SF No 477/2, new SF No. 35/1, 35/3, 36/1, 36/2, 36/3 totally measuring 8,450 sq.ft which is situated in South Udayarpalayam, Attur Town and Taluk, Salem District. The said land is classified as Natham and he has been allotted natham patta No.2888. He is in possession and enjoyment of the property. Being the absolute owner neither the Government nor the Panchayat nor any other Public Works Department have right of any manner in the aforesaid property. While so on 31/10/2018, the respondents 1 to 4 trespassed into his land without any notice and measuring the land to lay road.

(2.) According to the petitioner, the land belongs to him and the respondents cannot take away his land for laying road without following the Rules provided under the Land Acquisition Act. The attempt of the official respondents to dispossess the petitioner from his land is illegal and unconstitutional.

(3.) The 4th respondent has filed counter affidavit, admit the ownership of the petitioner in respect of land in S.Nos. 35/1 , 35/3 and 36/5 upon which the petitioner has constructed house in a portion of the said land. However, it denies the claim of the petitioner over the land in S.Nos.36/2 and 36/3. The official respondents state that, no patta was issued to the petitioner in respect of land in S.Nos.36/2 , 36/3 and 36/4. These portion of the land are vacant and used as public pathway to reach the households situated beyond those vacant sites. The Attur Municipality has laid water pipe lines in these land and distributing drinking water to the people of that area. Therefore, the claim of the petitioner over these vacant sites meant for pathway use of the public without any documentary evidences in support of his claim is ingenuine and frivolous.