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Madras High CourtWP(MD)/3733/2021dismissed

Prabhakar, v. The Junior Engineer,

2024-06-13Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.2993 of 2021 Prabhakar ... Petitioner Vs.

The Junior Engineer,, Office of the Junior Engineer, Public Works Department / Water Supply Department, South Canal Division, Thenthirupperai, Eral Taluk, Thoothukudi District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order issued by the respondent dated 08.12.2020 under Section 6(1) of the Tamilnadu Protection of Tanks and Eviction of Encroachment Rules, 2007 and quash the same as illegal and unconstitutional and consequently forbearing the respondent from in any manner removing the trees grown 1/4

in petitioner property comprised in S.No.615 situated at Mela Athoor Village, Tiruchendur Taluk, Thoothukudi District. For Petitioner : Mr.S.Manidhiralingeswaran For Respondent : Mr.K.S.Selvaganesan, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner does not have semblance of title over the land in question. We are therefore not in a position to interfere with the impugned notice and the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.J.,) & (B.P.J.,) 13.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

To:- The Junior Engineer,, Office of the Junior Engineer, Public Works Department / Water Supply Department, South Canal Division, Thenthirupperai, Eral Taluk, Thoothukudi District.

3/4

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 13.06.2024 4/4