WP/41303/2025 of N.DINESHKUMAR Vs THE DISTRICT COLLECTOR on 5 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) This Writ Petition has been filed seeking issuance of writ of mandamus, directing the respondents 1 to 5 herein to consider and act upon the petitioner’s representation dated 02.03.2024, 22.08.2024 and 01.10.2024 and forthwith for removal of illegal encroachment made by 6th respondents in water stream and direct the Respondents 1 to 5 to cancel the patta, if any, issued to 6th respondent in water stream situated in Survey Nos 235/1, 235/2, 235/3 and

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adjacent Survey Nos 234, 238 and 239 Vadaputhur Village, Kinathukadavu Taluk and Coimbatore District.

2. With reference to the relief sought for in this writ petition, the Tahsildar, Kinathukadavu Taluk has filed a counter affidavit. As per the counter affidavit, there is no encroachment identified. Paragraph 6 & 7 of the counter affidavit reads as under: “6) With regard to para 7 to 10, it is submitted that, the averments are denied. A detailed field inspection and enquiry was made in this regard. The inspection revelated that as far as S.F.No.234/2 is concerned, the land is under the enjoyment of one Tmt.P.Periakanniammal and 4 others. Since the pattadar in S.F.No.235/2A, 2B vide Patta No.277 has expired, the land is under the enjoyment of his son, Mayilsamy, who is the 6th respondent herein and he has cultivated the land with coconut trees. A bore well is in existence on the land. In the village records entry against S.F. No. 235/2B with 0.47.0 Hectare vide patta No.277 stands in the name P. Ramsamy Gounder and in the remarks column. it has been mentioned as 'Boosthithi Odai'. Though S.F.No. 235/2A is in the name of the pattadar P. Ramasamy Gounder, as on ground, it remains as 'Odai' and there is no encroachment. The land in S.F.Nos. 238/1, 239/2 are under the enjoyment of one S.R.Swamy, who has purchased the land. The petitioner alleges that S.F.Nos. 234,235,238 and 239 were previously entered as 'Odai' in the old village records and after the implementation of UDR scheme, the above fields were subdivided as S.F.No.234/1, 235/1, 235/3, 238/2 and 239/1 and were under the classification of 'Odai' and subsequently they

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were changed as patta lands. The petitioner refers the old settlement register to substantiate his claim. The petitioner also states that the alleged encroachment on the 'Odai' cause blockage of waterflow to his agricultural land. Further, as per Document Nos. 535/1972 and 272/1982, a sale deed was executed by Chinnakaliammal in favour of Ramasamy Gounder. The Encumbrance Certificate relating to the same, for the period from 01.01.1920 to 14.07.2026, has been obtained and verified.

7) With regard to para 11 and 12, it is submitted that, the averments are denied. The above field inspection conducted reveals that there is no encroachment found on S.F. Nos. 234/2, 235/1, 235/1, 235/3, 238/2 and 239/1 which have been classified as 'Odai' in the present village records. Moreover, during the enquiry, the 6th petitioner submitted a sale deed No.272/1982 registered at Sub-register's office, Kinathukadavu in which his father Ramasamy Gounder has purchased the lands in S.F.Nos. 235/2A, 2B from one Tmt.Chinna Kanniammal, along with the parent Doc. No.535/1972. Thus the subject land in S.F.No.235/2A and 235/2B of Vadaputhur Village in Kinathukadavu Taluk is a patta land, and belong to the 6th petitioner. The filed inspection reveals that there is no encroachments exists on the lands marked as 'Odai' in the Village records. The averments in the writ petition is denied.”

3. In view of the fact that the authorities have conducted a detailed inspection, verified the relevant revenue records, and found that no encroachments have been identified, no further adjudication is required in the matter.

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4. Accordingly, this Writ Petition stands dismissed. No costs. (S.M.S.,J.) (R.R.V.,J.) 05-10-2026 Index: No Non-speaking order Neutral Citation: Yes/No KKN To

1. The District Collector, Office Of The District Collector, Coimbatore District 641 018.

2. The Sub Collector, Office of the Sub Collector, Pollachi. Coimbatore District - 642 001.

3. The Tahsildar, Kinathukadavu Taluk Office, Kinathukadavu, Coimbatore District - 642 109.

4. The Surveyor, Land Survey Department, Kinathukadavu Taluk,

5. The Village Administrative Officer, Vadaputhur Village, Kinathukadavu Taluk, Coimbatore District 641 032.

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S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. KKN WP No. 41303 of 2025 05-10-2026