J.Sivasubramaniyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD J.Sivasubramaniyan .. Petitioner -vs1. The District Collector, Office of the District Collector, Thiruvarur.

2. The Thasildhar, Office of the Thasildhar, Muthupettai, Thiruvarur District.

3. The Executive Officer, Muthupettai Municipality, Muthupettai, Thiruvarur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to forbear the 3rd respondent to start construction of Dumping Ground in the lake which is lying comprised in Survey No.60 situated at (on the East Coast Beach Road) Therkkukaadu Village, Muthupettai Post, Muthupettai Taluk, Thiruvarur District by the consideration of Petitioner's representation dated 27.12.2023. For Petitioner :

Mr.S.Arivazhagan For Respondent :

Mr.A.Edwin Prabakar State Govt. Pleader

assisted by Mr.T.K.Saravanan, for RR 1 and 2 ;

Mr.A.Anandan Govt. Advocate for R-3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Arivazhagan, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for respondents 1 and 2 and Mr.A.Anandan, learned Government Advocate for respondent No.3.

2. The contention of the petitioner is that there is a lake in S.No.60 of Therkkukaadu Village, Muthupettai Post, Muthupettai Taluk, Thiruvarur District and construction of dumping ground is being made in the lake. On the last date, we observed that 'A' Register is not placed on record to confirm that S.No.60 is comprised of a lake.

3. Today, the third respondent has filed an affidavit and also placed the typed set of documents. As per the 'A' Register, S.No.60/3

is a 'Tharisu land' and not a lake. It is stated that construction of dumping ground is made in the said Tharisu land comprised in S.No.60/3.

In light of the above, the writ petition is dismissed. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 12.04.2024 Index : Yes/No : Yes/No sra To

1. The District Collector, Office of the District Collector, Thiruvarur.

2. The Thasildhar, Office of the Thasildhar, Muthupettai, Thiruvarur District.

3. The Executive Officer, Muthupettai Municipality, Muthupettai, Thiruvarur District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(sra) 12.04.2024