Sundaresan R v. The District Collector

W.P.(MD)No.12087 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA W.P.(MD)No.12087 of 2022 R.Sundaresan : Petitioner Vs.

1.The District Collector, Pudukottai District.

2.The Revenue Divisional Officer, Aranthangi Pudukottai District.

3.The Tahsildar Avudaiyarkoil Taluk Pudukottai District.

4.N.Kuppusamy : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents NO.1 to 3 to remove the encroachment made by the 4th respondent in water poramboke land in Survey No.248, 272 Karur Village, Avudaiyarkovil Taluk, Pudukottai District by considering the petitioner's representation dated 12.01.2021. For Petitioner : Mr.R.Balakrishnan For Respondents R1 to R3 : Mr.A.K.Manickam Special Government Pleader

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) Alleging that the fourth respondent has encroached into a water body in S.No.248, 272 of Karur Village, Avudaiyarkovil Taluk, Pudukottai District, the present Public Interest Litigation has been filed for removal of the same.

2. Heard Mr.R.Balakrishnan, learned counsel for the petitioner and Mr.A.K.Manikkam, learned Special Government Pleader appearing for the respondents.

3. At the outset, the learned Special Government Pleader submits that the petitioner is none other than the cousin of the 4th https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12087 of 2022 respondent and on account of previous enmity, the present Public Interest Litigation has been filed alleging that the fourth respondent has encroached into water body, when actually it is not the fourth respondent, who has encroached. In such view of the matter, we find no merits in this Public Interest Litigation and hence, the same is dismissed. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) RR To 1.The District Collector, Pudukottai District.

2.The Revenue Divisional Officer, Aranthangi Pudukottai District.

3.The Tahsildar Avudaiyarkoil Taluk Pudukottai District.

+1 CC to M/s.R. BALAKRISHNAN, Advocate ( SR-26511[F] dated 17/06/2022 ) +1 CC to M/s.SPL.GP ( SR-26538[F] dated 17/06/2022 ) Order made in W.P.(MD)No.12087 of 2022 16.06.2022 NSN(CO) GC(24.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2