IN THE HON’BLE HIGH COURT OF JUDICATURE OF MADRAS

(Special Original Jurisdiction)

W.P No. 25454 OF 2023
1. T.V Amsalingam s/o Vadivel Mudaliar
2. D Suresh Bab s/o Late T.V Durai
3. S Kirthiga,D/o T.V Sundramoorthy,
4. S Parthiban, s/o T.V Sundramoorthy
5. G Rajesh s/o T.V Ganesan
6. G Balaji S/o Ganesan
All having address for the present at
No. 12/5, Pillayar Koil Street,
Behind Veetruirundha Perumal Koil,
Thirumalisai 600124 …Petitioners
-versus-

1. District Collector, Thiruvallur,

Thiruvallur District,
2. Chembarambakkam Minor,
Panchayat rep by its President
Chembarambakkam, Tiruvellore District
3. Block Development officer/Commissioner
Poonamallee Panchayat Union,
Poonamallee, Tiruvellore District …Respondents

COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT

I, V Shanthi Vincent, aged about 53 years old, am the

authorized representative of the 2nd Respondent herein, the
Chembarambakkam Minor Panchayat and hereby do
solemnly and sincerely affirm as follows:

1. I humbly submit that I am the President of the 2 nd

Respondent Panchayat and am competent to file this
affidavit and as such well acquainted with the facts and
circumstances of the case.
2. I humbly submit that at the outset I deny all the averments
and allegations of the Petitioner except for those that are
 specifically admitted herein and put the Petitioners to strict
proof of the same.
3. I humbly submit that the extent of land comprised in S.nos
S.no. 236/1C2,1B2, 2C1, 2B1,2E1, 2F1, 5A, 146/6B, 7B,
16B, 239/3A, 240/1A1 has been used a public pathway to
the athidravidhar graveyard situated in S.no. 271 since time
immemorial and the same is still used.
4. I humbly submit that Late Mr.Vadivel purchased the
Property situated at S.no 236 and 146 which includes the
pathway and the said property was purchased by Late Mr
Vadivel with full knowledge the existing pathway to
graveyard and had never interfered with the passage
pathway.
5. I further state that the allegation of the Petitioner in para 7
that there are alternative connecting roads to the graveyard
is factually incorrect. The alleged alternative pathways
cannot be accessed due to the existing drainage and sweages
running along the pathways.
6. I humbly state that the Petitioner’s Claim that the 2 nd
Respondent Panchayat is encroaching on a private property
is false and vexatious. It is humbly submitted that as per the
Land Revenue Document (Adangal & chitta) a part of the
property comprised in S.no 236/1C2,1B2, 2C1, 2B1,2E1,
2F1, 5A, 146/6B, 7B, 16B, 239/3A, 240/1A1 is recorded as
the pathway towards the Athidhravidhar Graveyard situated
at S.No 271/2.
7. I further submit that after a thorough investigation on the
said issue, a certificate was issued by the Village
Administrative officer dt 22.11.23 made a clear finding that
the area in S.no. 236/1C2,1B2, 2C1, 2B1,2E1, 2F1, 5A,
 146/6B, 7B, 16B, 239/3A, 240/1A1 is a pathway which was
has been used to access the graveyard for long time.
8. I further submit that the Petitioner has filed this Writ
Petition in a misleading manner by stating that their
property is being encroached upon by the Panchayat while
suppressing material facts which clearly indicates the
existing public passage. It pertinent to state that the facts
are that the Respondent Panchayat has never interfered
with the possession or the enjoyment of the property of the
Petitioner but rather the Petitioner’s property comprises of a
passage which has been utilized by the general public and
the same has been suppressed by the Petitioners. It is
further submitted that the Petitioners have approached this
Hon’ble High Court with unclean hands for a non-existent
relief and by twisting the facts.
9. Hence, in view of the above submissions it is very clear that
the extent of land situated in S.no 236/1C2,1B2, 2C1,
2B1,2E1, 2F1, 5A, 146/6B, 7B, 16B, 239/3A, 240/1A1
comprised in the larger extent of land in S.no 236 & 146 is a
Public passage.

It is therefore prayed that this Hon’ble Court may be pleased to

dismiss the above writ petition devoid of merits and to pass such

further or other order as this Hon’ble Court may deem fit and

proper and thus render justice.

Solemnly affirmed at Chennai ) BEFORE ME,

this the day of January, 2024 )
and signed his name in my presence )
ADVOCATE
 IN THE HON’BLE HIGH COURT OF JUDICATURE OF MADRAS
(Special Original Jurisdiction)
W.P No. 25454 OF 2023
1. T.V Amsalingam s/o Vadivel Mudaliar
2. D Suresh Bab s/o Late T.V Durai
3. S Kirthiga,D/o T.V Sundramoorthy,
4. S Parthiban, s/o T.V Sundramoorthy
5. G Rajesh s/o T.V Ganesan
6. G Balaji S/o Ganesan
All having address for the present at
No. 12/5, Pillayar Koil Street,
Behind Veetruirundha Perumal Koil,
Thirumalisai 600124

…Petitioners
-versus-

1. District Collector, Thiruvallur,

Thiruvallur District,
2. Chembarambakkam Minor,
Panchayat rep by its President
Chembarambakkam, Tiruvellore District
3. Block Development officer/Commissioner
Poonamallee Panchayat Union,
Poonamallee, Tiruvellore District
…Respondents

TYPEDSET OF DOCUMENTS

S.NO DATE DESCRIPTION OF PAGE NO

DOCUMENT
1 22.11.2023 Adangal record 1
2 22.11.2023 Certificate issued by Village
Administrative Officer

Dated at Chennai on this 08th day of January, 2024

Counsel for 2nd Respondent

IN THE HON’BLE HIGH COURT OF
JUDICATURE OF MADRAS
(Special Original Jurisdiction)
W.P No. 25454 OF 2023
T.V Amsalingam s/o Vadivel
Mudaliar
And 4 ors

…Petitioners
-versus-
District Collector, Thiruvallur,
And 2 ors
…Respondents

TYPEDSET OF DOCUMENTS

M Velmurugan (1270/1995)
S Saravanakumaran(2556/2017)
Girija Velmurugan (1023/1998)
K S Elangovan (419/1996)
S Shanmugam (1056/2007)
R N Kasivishwanathan (4597/2018)
V Sriram (2647/2021)

Counsel For 2nd Respondent

99401 76490
IN THE HON’BLE HIGH COURT OF
JUDICATURE OF MADRAS
(Special Original Jurisdiction)
W.P No. 25454 OF 2023
T.V Amsalingam s/o Vadivel
Mudaliar
And 4 ors

…Petitioners
-versus-
District Collector, Thiruvallur,
And 2 ors
…Respondents

Counter Affidavit

M Velmurugan (1270/1995)
S Saravanakumaran(2556/2017)
Girija Velmurugan (1023/1998)
K S Elangovan (419/1996)
S Shanmugam (1056/2007)
R N Kasivishwanathan (4597/2018)
V Sriram (2647/2021)

Counsel For 2nd Respondent

99401 76490