Madras High CourtWP(MD)/13148/2019disposed of

P.N.K.Perumal v. The District Collector

2025-03-24Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.13148 of 2019 and W.M.P.(MD)No.9788 of 2019 P.N.K.Perumal ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Tenkasi, Tirunelveli District.

3.The Commissioner, Tenkasi Municipality, Tenkasi, Tirunelveli District.

4.Kumar ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the channel and restore the channel in original position at Survey No.878/2A2, 878/2A1, 878/2B correlated to T.S.No.278 in Tenkasi Village, Tenkasi Taluk, Tirunelveli District. 1/4

For Petitioner :Mr.V.M.Balamohan Thampi For Respondents :Mr.S.R.A.Ramachandran Additional Government Pleader for R1 & R2 : Mr.P.Athimoola Pandian for R3 Mr.D.Srinivasa Raghavan for R4.

ORDER

Heard both sides.

2. The petitioner alleges that the fourth respondent had committed encroachment on the petition mentioned channel flowing through the fourth respondent's patta land.

3. When the matter was taken up for hearing, the learned counsel appearing for the fourth respondent made a categorical statement that the channel is continuously flowing and that no encroachment has been committed. In other words, the fourth respondent has not blocked the free flow of water through the said channel.

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4. We record the said stand. We direct the fourth respondent to ensure that the said position that is obtaining now is maintained for all times to come. The Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 24.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Tenkasi, Tirunelveli District.

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

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