S.Devadoss, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2015 CORAM :

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Petition (MD) No.20949 of 2015 and MP(MD)No.1 of 2015 S.Devadoss .. Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3.The Tahsildar, Thiruvadanai, Ramanathapuram District.

4.The Block Development Officer, Panchayat Union Office, R.S.Mangalam, Thiruvadanai Taluk, Ramanathapuram District.

5.The Revenue Inspector, R.S.Mangalam, Thiruvadanai, Ramanathapuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from demolish the church temple building situated in the small portion of outside corner bund of the pond land in Survey No.155-1 to measuring of an extent 220 square fit out of 1,05,076 square feet (2.41 acres) at Karuppakudumpanpatchery village, Irudhayapuram Post, Thiruvadanai Taluk, Ramanathapuram District by considering the petitioner's representation dated 18.11.2015.

For Petitioner : Mr.V.K.Saravanan For Respondents : Mr.A.K.Baskarapandian Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by V.RAMASUBRAMANIAN,J.) The petitioner has come up with the above writ petition seeking a mandamus to direct the respondents to forbear from demolishing a small prayer hall constructed on the bund of a pond to the extent of about 220 square feet.

2.Heard Mr.V.K.Saravanan, learned counsel for the petitioner. Mr.A.K.Baskarapandian, learned Special Government Pleader takes notice for the respondents.

3.This Court has repeatedly issued orders directing the Government authorities to remove encroachments in the water bodies. Therefore, if despite the admitted fact that the petitioner has unauthorisdely constructed a building on a tank bund, we grant an interim order we will be violating our own orders. Therefore, the writ petition deserves to be dismissed.

4.Accordingly, this writ petition is dismissed. No costs. Consequently, connected MP(MD)No.1 of 2015 is closed. Sd/- Assistant Registrar.

/True Copy/ Sub Assistant Registrar.

To 1.The District Collector,Ramanathapuram District,Ramanathapuram. 2.The Revenue Divisional Officer,Ramanathapuram,Ramanathapuram District. 3.The Tahsildar,Thiruvadanai,Ramanathapuram District. 4.The Block Development Officer,Panchayat Union Office,R.S.Mangalam, Thiruvadanai Taluk,Ramanathapuram District.

5.The Revenue Inspector,R.S.Mangalam,Thiruvadanai,Ramanathapuram District. +1CC to The Special Government Pleader SR.No. 67958. Writ Petition (MD) No.20949 of 2015 26.11.2015 AM/08.12.2015/NGM.SS/2P/7C https://hcservices.ecourts.gov.in/hcservices/