A.Jeyaraj @ Nandhagopal v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.10519 of 2024 A.Jeyaraj @ Nandhagopal ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Thanjavur District, Thanjavur.

2.The Assistant Executive Engineer, Water Resources Department (PWD), Cauvery Section, Kumbakonam, 3.The Assistant Engineer, Water Resources Department (PWD), Cauvery Section, Kumbakonam, 4.Rathna Mala ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to 1/4

call for the records pertaining to the impugned notice dated 22.04.2024 issued by the 3rd respondent and quash the same as illegal and arbitrary and consequently directing the 1 to 3rd respondents herein do not interfere with the petitioner's peaceful possession and enjoyment of the property with regard to Survey No.97/7 (New Survey No.160/29) to an extent of 13x110 feet situated at 27 Ullur Village, Kumbakonam Taluk, For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 to R3.

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the official respondents. 2.The third respondent proposes to remove the encroachment in S.No.95, Ullur village, Kumbakonam Taluk. Admittedly, S.No.95 is a water body. The petitioner has patta only in respect of old S.No.97. Therefore, the impugned notice proposing removal of encroachments in S.No.95 cannot be found fault with. We make it clear that the removal of 2/4

encroachments shall be confined to S.No.95 alone. If the authorities interfere with the petitioner's possession of his patta property, it is always open to the petitioner to move this Court again for appropriate relief. 3.The impugned notice is sustained and the writ petition is dismissed with the aforesaid observations. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.J.,) & (B.P.J.,) 13.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector / Monitoring Committee, Thanjavur District, Thanjavur.

2.The Assistant Executive Engineer, Water Resources Department (PWD), Cauvery Section, Kumbakonam, 3.The Assistant Engineer, Water Resources Department (PWD), Cauvery Section, Kumbakonam, 3/4

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 13.06.2024 4/4