Madras High CourtWP(MD)/14259/2021disposed of

Gnanaraj v. The District Collector

2024-07-09Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.11198 of 2021 1.Gnanaraj 2.Joseph ... Petitioners Vs.

1.The District Collector, Ramanathapuram District.

2.The Revenue Divisional Officer, Paramakudi.

3.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

4.Karpagavalli 5.The Proprietor, Velavan Textile, Thoothukudi.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the petitioner's representation dated 14.07.2021 requesting the respondents 1 to 3 herein to restrain the respondents 4 and 5 from converting the Madathakulam Kanmoi situated in S.No.101, Madathakulam Village, Mariyur group, Kadaladi Taluk, Ramanathapuram District, into Uppalam within a time limit fixed by this Court.

For Petitioners : Mr.PT.S.Narendravasan For Respondents : Mr.S.Kameswaran Government Advocate for R.1 to R.3 Mr.T.Thirumurugan for R.4

ORDER

This writ petition has been filed for restraining the private respondents from converting Madathakulam Kanmoi in Survey No.101 into a salt pan.

2.The jurisdictional Tahsildar has filed counter affidavit. In Paragraph No.4 of the counter affidavit, it is stated that Survey No.101 was sub divided even during UDR. Survey Nos.101/2 and 101/3 alone have been classified as "water bodies". The rest of the sub divided lands are patta lands. The writ Court would therefore not be justified in giving any direction to the private 2/4

respondents. We only direct that Survey Nos.101/2 and 101/3 will be retained as water body and kept free of encroachment for all times to come. 3.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 09.07.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Ramanathapuram District.

2.The Revenue Divisional Officer, Paramakudi.

3.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

3/4

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

MGA and W.M.P(MD)No.11198 of 2021 09.07.2024 4/4