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Madras High CourtWP(MD)/8746/2022dismissed

Packiaraj v. The District Collector

2022-04-29Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice R.Vijayakumar2 pages

W.P(MD)No.8746 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.8746 of 2022 Packiaraj .. Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Tahsildar, Madurai South Taluk, Madurai District.

4.The Executive Engineer, Public Works Department, Tallakulam, Madurai - 625 002.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to direct the respondents that to remove the encroachments made in the water body namely "Chinna Kanmoi", situating in the land in survey No.2486, Meenakshipuram, Ward No.1, Block No.1, Madurai South Taluk, Madurai District and to restore the above water body in its original condition within the time limit that may be stipulated by this Hon'ble High Court by considering the petitioner's representation dated 31.03.2022. For Petitioner :

Mr.V.Murugan For Respondents :

Mr.M.Siddharthan Additional Government Pleader For R1, R3 and R4 Mr.S.Vinayak for R2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8746 of 2022

ORDER

(Made by PARESH UPADHYAY,J.) 1.

Learned advocate for the petitioner states that this petition is in public interest.

2.

The averments in para : 2 of the petition also indicates that this petition is attempted to be treated as public interest litigation.

3.

We have considered the averments made in the petition which pertains to the so-called encroachment of more than 100 persons on the piece of land which is perceived to be waterbody by the petitioner. We find that, this petition need not be entertained in the form of public interest.

4.

W.P.(MD) No. 8746 of 2022 is dismissed. No costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) ssm/16 To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai South Taluk, Madurai District.

3.The Executive Engineer, Public Works Department, Tallakulam, Madurai - 625 002.

+1 CC to M/s.SPL.GP ( SR-23417[F] dated 04/05/2022 ) W.P(MD)No.8746 of 2022 29.04.2022 KG(CO) KB(13.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2