Madras High CourtWP(MD)/4939/2017withdrawn dismissed

Irulayee Ammal v. The District Collector

2017-03-23Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.4939 of 2017 Irulayee Ammal .. Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Tahsildar, Tiruchuzhi Taluk, Virudhunagar District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to de-silt the Manakulam Kanmai (Tank) in Survey No.236, M.Pudukulam Village in Tiruchuzhi Taluk, Virudhunagar District by removing the unauthorised construction and ensure the safety of the bank and storage and free flow of water of Kanmai for irrigation to M.Pudukulam Village agricultural lands by considering the petitioner's representation, dated 13.03.2017.

For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments which are in existence in Manakulam Kanmai comprised in Survey No.236, M.Pudukulam Village, Tiruchuzhi Taluk, Virudhunagar District, by way of issuing a Writ of Mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondents.

3.It is seen from the records that similar Writ Petition has been filed in W.P(MD)No.12611 of 2011 and therefore the present Writ Petition is not legally maintainable and the same is liable to be dismissed.

4.In fine, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Tahsildar, Tiruchuzhi Taluk, Virudhunagar District.

+1cc to special Government pleader Sr. No.17621 ps VB/SKN/RSK/05.04.2017/2P/4C ORDER MADE IN W.P(MD)No.4939 of 2017 23.03.2017 https://hcservices.ecourts.gov.in/hcservices/