Madras High CourtWP/15536/2024dismissed

Ranjani Balasundram v. The District Collector

2024-08-20Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2024 CORAM :

THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.B. BALAJI and WMP.No.16896 of 2024 Mrs.Ranjani Balasundaram ..Petitioner Vs 1.The District Collector, Coimbatore Collectorate, Hosur Road, Coimbatore-641 018.

2.The Tahsildar, Perur Taluk, Perur, Coimbatore-641 010.

3.The Executive Engineer, TANGEDCO, Seeranayakanpalayam, Coimbatore North-641 007.

4.The Executive Engineer, Water Resource Department, Bhavani Sagar-638 451.

5.The Superintending Engineer, Coimbatore Highways Construction & Maintenance Division, No.1653, Highways Compound, Coimbatore-641 018.

6.The Revenue Divisional Officer (South), State Bank Road, Coimbatore-641 018.

7.R.Sarojini ..Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus calling for the records of the letter of 3rd respondent vide 4237/2023 dated 25.11.2023, quash the same, consequently directing the 1st respondent herein to remove the superstructure erected by the 7th respondent amidst Pudhukulam Lake Water Channel (Vaikaal) in S.F.No.377 of East Chithiraichavadi Village adjacent East West Road and consequently, restore the lands to the original condition as per the revenue records of the 6th respondent. For Petitioner : M/s.Narmada Sampath For Respondents : Mr.Karthik Jagannath Government Advocate for R1, R2, R4 to R6 - - - -

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This Writ Petition has been filed challenging the letter of the third respondent, vide 4237/2023 dated 25.11.2023 and consequently directing the first respondent to remove the superstructure erected by the sixth respondent amidst Pudhukulam Lake Water Channel (Vaikaal) in S.F.No.377 of East Chithiraichavadi Village adjacent East West Road and consequently, restore the lands to the original condition as per the revenue records of the sixth respondent.

2. When the matter is taken up today, the learned Government Advocate has drawn the attention of this Court to the status report dated 12.08.2024 filed by the fourth respondent informing as under: "3. It is submitted that, in this regard conducted a site inspection with the Revenue Department officials, the petitioner has identified the specific SF.No.377 as sub division under Revenue Records and SF.No.377/4 is known in the classification as patta land.

4. It is submitted that, moreover it is known that the said temple has been built and SF.No.377/4 has nothing to do with the waterway of Pudukulam which has been given by the petitioner's affidavit. It is also ensured that there is no encroachment on waterways."

3. Recording the above, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. [D.K.K., A.CJ.] [P.B.B.J.] 20.08.2024 Internet: Yes/No Index : Yes/No Jvm

THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.

Jvm To 1.The District Collector, Coimbatore Collectorate, Hosur Road, Coimbatore-641 018.