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2025 DAILYLAW 46073 (MAD)

A.MURUGESAN v. SELVARAJ

WMP/14712/2025 · 2025-04-08

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2025 CORAM : THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WMP No.14712 of 2025 in WMP.No.8444 of 2025 in WP.No.7542 of 2025 A.Murugesan ..Petitioner ..Vs. 1.Selvaraj S/o. Sundaramoorthy 430, North Street, Varunthalakurichi Chinnaselem Taluk Kallakurichi District 606 201. and 5 others. ..Respondents For Petitioner : Mr.S.N.Subramani For Respondents : Mr.A.M.Venkatakrishnan for R1 Mr.P.Sathish Additional Government Pleader for R2 to R5 O R D E R A petition to vacate the interim order granted by this Court in WMP No.8444 of 2025 in WP.No.7542 of 2025 on 18.03.2025 was heard today. On going through the typed set of papers filed along with the vacate petition, it is seen that the Division 1 / 4 https://www.mhc.tn.gov.in/judis Bench of this Court has passed a series of orders in W.Nos.18693 of 2021, dated 7.9.2021, 4136 of 2023, dated 13.02.2023, 220 of 2024 dated 22.10.2024 and Contempt Petition No.2795 of 2023 dated 22.10.2024. On going through these orders, it is seen that the subject property was classified as 'waterbody' and an attempt was made to convert as 'tharisu lands'. The Division Bench taking note of the same had directed the concerned authority to conduct the enquiry and to cancel the patta, if it is found that the waterbody has been encroached. Pursuant to the same, the DRO, Kallakurichi, by proceedings dated 21.05.2024, has passed an order stating that the property classified as 'waterbody' cannot be reclassified as 'tharisu'. Even thereafter, contempt petition was filed by the petitioner in the vacate petition at which point of time, the Division Bench was informed that the appeal was pending before the Commissioner of land Administration. Recording the same, the contempt petition was closed and liberty was given to the petitioner in the vacate petition to approach this Court if the order is not complied with. Pursuant to the same, the impugned proceedings of the land Commissioner dated 22.01.2025 was issued and the same has been put to challenge in the present writ petition. 2.When this Court granted the interim order, this Court was not aware of the earlier orders passed by the Division Bench. That part, the learned Additional Government Pleader submitted that revenue records have been fabricated in this case and an enquiry has been instituted by the District Collector, Kallakurichi and the matter 2 / 4 https://www.mhc.tn.gov.in/judis is now being enquired and that he wants sometime to submit a report in this regard. 3.Post this writ petition for hearing on 24.04.2025 at 2.15 p.m., and on that day, the report shall be placed before this Court along with all the relevant records and upon hearing both sides, final orders will be passed by this Court. Since this Court passed the interim order without being aware of the earlier orders passed by the Division Bench, this Court is not inclined to continue with the interim orders and accordingly, the vacate stay petition stands disposed of. 08.04.2025 KP To 1.Land and Administration Department 2nd Floor, Ezhilagam, Chepauk Chennai 600 005. 2.District revenue Officer Kallakurichi 3.Revenue Development Officer Kallakurichi 4.Tahsildar Chinnaselem Taluk Office Kallakurichi. 3 / 4 https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH kp WMP No.14712 of 2025 in WMP.No.8444 of 2025 in WP.No.7542 of 2025 08.04.2025 4 / 4 https://www.mhc.tn.gov.in/judis