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2025 DAILYLAW 146433 (MAD)

Singaravelu v. The Sub Divisional Magistrate Cum

WA(MD)/2395/2025 · 2025-08-22

G Arul Murugan, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.A.(MD)No.2395 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A.(MD)No.2395 of 2025 and C.M.P.(MD)No.13456 of 2025 Singaravelu ... Appellant -Vs- 1.The Sub Divisional Magistrate Cum Revenue Divisional Officer, Karur. 2.Sakthivel 3.Ganesan ... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 13.03.2025 made in W.P.(MD)No.10990 of 2019 on the file of this Court. For Appellant : Mr.S.Deenadhayalan For R1 : Mr.S.P.Maharajan, Special Government Pleader https://www.mhc.tn.gov.in/judis W.A.(MD)No.2395 of 2025 JUDGMENT [Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.] The order of the Writ Court dated 13.03.2025 made in W.P.(MD)No.10990 of 2019 is under challenge in this Writ Appeal. 2.The writ petitioner is the appellant. Admittedly, the appellant is in occupation of natham land and could not able to prove that valid assignment of natham land has been granted by the revenue authorities in terms of Revenue Standing Order 21 (RSO 21). Mere occupation of natham land would not confer any right. Such lands are to be assigned for dwelling purposes to the extent as stipulated under RSO 21. Thus, the appellant is to be construed as an encroacher. 3.The appellant and his wife deposed before the authorities competent that they had come to know about the nuisance and had further given an undertaking to the authorities competent that they would remove the nuisance by themselves. Based on the said statement, the Writ Court formed an opinion that there is a nuisance and obstruction and made an observation that the appellant has himself admitted that there is an obstruction. Therefore, there is no infirmity in respect of the impugned order, which was under challenge in the Writ proceedings. https://www.mhc.tn.gov.in/judis W.A.(MD)No.2395 of 2025 4.That being the factum, this Court does not find any acceptable ground for entertaining this Writ Appeal and thus, this Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S, J.] & [G.A.M., J.] 22.08.2025 NCC : Yes / No Index : Yes / No Yuva To The Sub Divisional Magistrate Cum Revenue Divisional Officer, Karur. https://www.mhc.tn.gov.in/judis W.A.(MD)No.2395 of 2025 S.M.SUBRAMANIAM, J. AND G.ARUL MURUGAN , J. Yuva W.A.(MD)No.2395 of 2025 22.08.2025 https://www.mhc.tn.gov.in/judis