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2025 DAILYLAW 59245 (MAD)

MARAGATHAM v. THE STATE

WP/18418/2025 · 2025-05-15

G R Swaminathan, V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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W.P.No. 18418 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.05.2025 CORAM : THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.No. 18418 of 2025 and W.M.P.Nos. 20630 & 20632 of 2025 1.Maragatham 2.Kala 3.Anjali 4.Venda 5.Pottiammal 6.Pushpa 7.Mahalakshmi 8.Vasantha 9.Chinnaponnu 10.Venda 11.Ellammal 12.Iyappan 13.Ellammal 14.Mala 15.Loganathan 16.Valliammal 17.Rajeswari 18.Gunaseela 19.Sridevi 20.Dhasarathan .. Petitioners vs 1.The State Rep. By its Secretary, Revenue Department, Secretariat, Chennai. 1/6 https://www.mhc.tn.gov.in/judis W.P.No. 18418 of 2025 2.The District Collector, Collectorate Office, Tiruvannamalai District. 3.The District Revenue Officer, Office of District Revenue Officer, Venkikkal, Tiruvannamalai District. 4.The Revenue Divisional Officer, RDO Office, Arni Taluk, Tiruvannamalai District. 5.The Tahsildar, Tahsildar Office, Polur Taluk, Tiruvannamalai District. 6.The Block Development Officer, Padavedu Village Panchayat, Polur Taluk, Tiruvannamalai District. 7.The Assistant Engineer, Water Development Department, Irrigation Division, Polur Taluk, Tiruvannamalai District. 8.The Village Administrative Officer, VAO Office, Padavedu Village & Post, Polur Taluk, Tiruvannamalai District. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records from the file of the 6th respondent relating to notice dated 04.02.2025 issued under Section 131 of the Tamil nadu Panchayats Act, 1994 and quash the same and consequently to direct the 2nd respondent to consider and dispose petitioner's representation dated 10.04.2025 requesting to issue patta to the 2/6 https://www.mhc.tn.gov.in/judis W.P.No. 18418 of 2025 property comprised in Survey Nos. 231 & 232, situate at Padavedu Village & Post, Polur Taluk, Tiruvannamalai District, within a time frame to be fixed by this Court. For petitioners : Mr.D.Thirumoorthy For respondents : Ms.R.Anitha Additional Government Pleader ORDER (Made by G.R.SWAMINATHAN, J.) Heard both sides. 2. What is impugned in this writ petition is only a notice issued under Section 131 of the Tamil Nadu Panchayats Act, 1994 by the jurisdictional Block Development Officer. Even the Block Development Officer can very well call upon the petitioner to vacate from the petition mentioned premises. If the petitioner declines to comply with the said direction, the only course open to the Block Development Officer is to refer the matter to the jurisdictional Tahsildar. If the encroached site happens to be a waterbody, the Block Development Officer has to call upon the competent authority under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, to take action. 3/6 https://www.mhc.tn.gov.in/judis W.P.No. 18418 of 2025 3. Learned Additional Government Pleader appearing for the respondents states that the Assistant Engineer, Water Resources Department has already issued Form II notice. The petitioner has to respond to Form II notice and if necessary challenge the action in the manner known to law. 4. Granting such liberty, this writ petition stands disposed of. We make it clear that we have not gone into the merits of the matter. All the contentions of the petitioner are left open. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S.,J.] [V.L.N.,J.] 15.05.2025 Index:Yes/No Neutral Citation:Yes/No mmi/ssm To 1.The Secretary, Revenue Department, Secretariat, Chennai. 2.The District Collector, Collectorate Office, Tiruvannamalai District. 3.The District Revenue Officer, Office of District Revenue Officer, Venkikkal, Tiruvannamalai District. 4/6 https://www.mhc.tn.gov.in/judis W.P.No. 18418 of 2025 4.The Revenue Divisional Officer, RDO Office, Arni Taluk, Tiruvannamalai District. 5.The Tahsildar, Tahsildar Office, Polur Taluk, Tiruvannamalai District. 6.The Block Development Officer, Padavedu Village Panchayat, Polur Taluk, Tiruvannamalai District. 7.The Assistant Engineer, Water Development Department, Irrigation Division, Polur Taluk, Tiruvannamalai District. 8.The Village Administrative Officer, VAO Office, Padavedu Village & Post, Polur Taluk, Tiruvannamalai District. 5/6 https://www.mhc.tn.gov.in/judis W.P.No. 18418 of 2025 G.R.SWAMINATHAN, J. and V. LAKSHMINARAYANAN, J. mmi/ssm W.P.No. 18418 of 2025 15.05.2025 6/6 https://www.mhc.tn.gov.in/judis