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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-10-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN WP No. 41303 of 2025 CNR: {HCMA012255552025}

N.Dineshkumar, S/o T.P. Nataraj Residing At 2/218, Magaliamman Temple Road, Vadaputhur Village, Elur Post, Kinathukadavu Taluk, Coimbatore District 642 109.

..Petitioner(s)

Vs

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, Coimbatore District 642 109.

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

6. R. Mylsamy, S/o Ramasamygowder, No 2/127, Kuthirailayampalayam, Kinathukadavu Taluk, Coimbaotre 641 032.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India 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 6^th respondents in water stream and direct the Respondents 1 to 5 to cancel the patta if any issued to 6^th respondent in water stream situated in Survey Nos 235/1, 235/2, 235/3 and adjacent Survey Nos 234, 238 and 239 Vadaputhur Village, Kinathukadavu Taluk and Coimbatore District, within a stipulated time frame as directed by this Hon’ble Court For Petitioner(s): Mr.R.Poovalignam For Respondent(s): Mr.B.Sivakollappan Additional Government Pleader for R1 to R5 Mr.R.S.Govarthan for R6

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 6^th respondents in water stream and direct the Respondents 1 to 5 to cancel the patta, if any, issued to 6^th respondent in water stream situated in Survey Nos 235/1, 235/2, 235/3 and 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 were changed as patta lands. The petitioner ref