Indraprasad v. The District Collector

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 Indraprasad ... Petitioner Vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The District Revenue Officer, Pudukottai District, Pudukottai.

3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Regional Manager, Tamil Nadu Civil Supplies Corporation Regional Office, Pudukottai Regional, Kalayanaramapuram 1st street, Pudukottai Town and District.

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5.The Tahsildar, Karambakudi Taluk, 6.The Tahsildar, Ghandarvakottai Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 and 5 & 6 to remove the encroachment in the water body by constructing direct paddy procurement center by fourth respondent in the land classified as "Pond" as per revenue records in survey number 78/6, extend of 0.70.40 Ares at K.K.Patti, Panduvakkottai, Karambakudi Circe and Taluk, Pudukkottai District based on the petitioner's representation dated 12.02.2024. For Petitioner : Mr.A.Banumathy For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3, R.5 & R.6 Ms.Devasena Standing Counsel for R.4

ORDER

Heard both sides.

2.The petitioner questions the setting up of direct paddy procurement centre in the petition mentioned water body.

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3.When the matter was taken up for disposal, the learned Standing Counsel appearing for Tamil Nadu Civil Supplies Corporation fairly conceded that the centre is very much located in a water body. It is however undertaken that this centre will be shifted within eight weeks from today (05.03.2024). It is further undertaken that in future, no activities of the Corporation will take place within this water body.

4.Recording the said undertaking, this writ petition is allowed. The water body shall be kept free of any kind of encroachments. Its original position shall be restored. 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, Pudukottai District, Pudukottai.

2.The District Revenue Officer, Pudukottai District, Pudukottai.

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

MGA 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, Karambakudi Taluk, 5.The Tahsildar, Ghandarvakottai Taluk, 05.03.2024 4/4