Madras High CourtWP(MD)/4896/2024disposed of

Zeenath Beevi v. The District Collector

2024-03-05Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Zeenath Beevi ... Petitioner Vs.

1.The District Collector, Kanyakumari District.

2.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

3.The Tahsildar, Thovalai Taluk, Kanyakumari District.

4.The Executive Engineer, Public Works Department (WRO), Kothaiyaaru Basin Division, Nagercoil, Kanyakumari District.

5.The Assistant Engineer, Public Works Department (Water Resource Organisation), Boothapandi, Kanyakumari District.

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6.Feros Khan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to conduct survey and fix boundaries of the water canal and public pathway situated in Survey Nos. 899/5, 800/2 and 799/19 of Madhavalayam Village, Thovalai Taluk, Kanyakumari District and initiate action to remove the encroachments by following the procedure stipulated under the Tamil Nadu Protection of Tanks and Eviction of Encroachment act, 2007 within the time stipulated by this Court.

For Petitioner : Mr.A.S.Abul Kalaam Azad For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.5

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5. 2.When the matter was taken up for hearing, the learned Special Government Pleader submitted that the petition mentioned encroachments had been removed this morning.

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3.Recording the said submission, this writ petition is disposed of. If this submission turns out to be incorrect, it is always open to the petitioner to file a contempt petition before this Court. There shall be no order as to costs. [G.R.S., J.] [B.P., J.] 05.03.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Kanyakumari District.

2.The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

3.The Tahsildar, Thovalai Taluk, Kanyakumari District.

4.The Executive Engineer, Public Works Department (WRO), Kothaiyaaru Basin Division, Nagercoil, Kanyakumari District.

5.The Assistant Engineer, Public Works Department (Water Resource Organisation), Boothapandi, Kanyakumari District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 05.03.2024 4/4