WP.No.34098 of 2024 In the High Court of Judicature at Madras Dated : 04.2.2025 Coram : The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.34098 of 2024 & WMP.No.36913 of 2024 Ammasaiyappan ...Petitioner Vs 1.The District Collector, O/o the District Collector, Palladam Road, Tiruppur. 2.The Tahsildar, O/o the Tahsildar, Avinashi Taluk, Tiruppur District. 3.The Agricultural Executive Engineer, O/o the Agricultural Executive Engineer, Tiruppur. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus forbearing the third respondent from interfering the petitioner's land situated in survey No.34, Sembiyanallur Village, Avinashi Taluk, Tiruppur District an extent of 0.53 Ares based on the representation dated 03.9.2024 given by the petitioner. For Petitioner : Mr.P.Tamilavel For Respondents : Mr.M.R.Gokul Krishnan, AGP 1/5 https://www.mhc.tn.gov.in/judis WP.No.34098 of 2024 ORDER This writ petition has been filed for the issuance of a Writ of Mandamus to consider the representation of the petitioner dated 03.9.2024 to forbear the third respondent from interfering with the petitioner's agricultural land measuring 0.53 Ares in survey No.34, Sembiyanallur Village, Avinashi Taluk, Tiruppur District. 2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. The grievance expressed by the petitioner is that the patta stands in the name of his father and the petitioner has been using the land for agricultural purposes. But, the third respondent was interfering and preventing the petitioner from doing the agricultural work. 4. The second respondent has filed a counter for himself and on behalf of the first respondent, the relevant portions of which are extracted as hereunder : "..... 5. I state that after assignment, the revenue records of the said property stands in the name of the petitioner's father till date. I state that the 2/5 https://www.mhc.tn.gov.in/judis WP.No.34098 of 2024 petitioner's land is situate abutting the Nallur river which is situate in S.F.No.16 to 29 of the very same village and it is relevant to state that the excess water from Nallur Village is inundating the petitioner's land for almost 10 years and in the adangal after inspection there is a remark for the last 3 fasli year stating that the land is now 'kasivu neer kuttai'. I state that the petitioner is not doing agriculture in the said land for more than 30 years due to stagnation of excess water. I state that as on date, the revenue records stand in the name of the petitioner. 6. I state that this respondent has not interfered with the petitioner's peaceful possession in the above said property. I state that since there is a violation of conditions in the patta, this respondent will take steps to cancel the patta by following the due process of law. I crave leave of this Hon'ble Court to raise additional counter affidavit, if any, at a later point of time." 5. It is clear from the above extracted portions in the counter that the land is now inundated with water and is not suitable for doing the agricultural activities. That apart, a specific stand has been taken by respondents 1 and 2 that the respondents are not interfering with the possession of the subject property and that if at all there is any violation in the conditions of patta, steps would be taken to cancel the patta. 3/5 https://www.mhc.tn.gov.in/judis WP.No.34098 of 2024 6. In the light of the above, the apprehension of the petitioner has been sufficiently answered. 7. Recording the same, the writ petition is disposed of. No costs. Consequently, the connected WMP is closed. 04.2.2025 To 1.The District Collector, O/o the District Collector, Palladam Road, Tiruppur. 2.The Tahsildar, O/o the Tahsildar, Avinashi Taluk, Tiruppur District. 3.The Agricultural Executive Engineer, O/o the Agricultural Executive Engineer, Tiruppur. RS 4/5 https://www.mhc.tn.gov.in/judis WP.No.34098 of 2024 N.ANAND VENKATESH,J RS WP.No.34098 of 2024& WMP.No.36913 of 2024 04.2.2025 5/5 https://www.mhc.tn.gov.in/judis