Ganesan v. The District Collector

1 W.P.(MD)NO.407 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)Nos.407 to 409 of 2024 AND W.M.P.(MD)Nos.435, 436, 440, 442, 446 & 447 of 2024 Ganesan ... Petitioner in W.P.(MD)NO.407 of 2024 Narayanan ... Petitioner in W.P.(MD)NO.408 of 2024 Lakshmi ... Petitioner in W.P.(MD)NO.409 of 2024 Vs.

1. The District Collector, Pudukkottai.

2. The Revenue Divisional Officer, Thirumayam Taluk, Pudukkottai.

3. The Assistant Engineer, Department of Water Resources, Irrigation Division, Thirumayam, Pudukkottai District.

... Respondents in all WPs.

Common Prayer: Writ petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the 3rd respondent in the impugned order dated 04.12.2023 and quash the same as illegal and arbitrary.

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2 W.P.(MD)NO.407 OF 2024 (in all WPs.) For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.V.Nirmal Kumar, Government Advocate.

C O M M O N O R D E R Heard both sides.

2. The petitioners challenge the impugned Form-III notice primarily on the ground that survey was not conducted in the presence of the petitioners. We wanted to know the learned Government Advocate, if the survey notice was issued. The learned Government Advocate would respond that survey was conducted in the presence of the writ petitioners herein. If the petitioners do not cooperate with the authorities, the authorities cannot be blamed. But then, it is the duty of the authorities to issue individual survey notice to the respective encroachers. Copy of the survey notice has also not been produced before this Court.

3. On this sole ground, the impugned Form-III notices are set aside. These writ petitions stand allowed. Liberty is given to the 2/4

3 W.P.(MD)NO.407 OF 2024 respondents to issue fresh survey notice to the petitioners and based on the outcome of the said exercise, further action will follow. We direct the respondents to complete the entire exercise within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 11th January 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Pudukkottai.

2. The Revenue Divisional Officer, Thirumayam Taluk, Pudukkottai.

3. The Assistant Engineer, Department of Water Resources, Irrigation Division, Thirumayam, Pudukkottai District.

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4 W.P.(MD)NO.407 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)Nos.407 to 409 of 2024 11.01.2024 4/4

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