Peri. Boomiraj v. The District Collector
1 W.P.(MD)NO.15794 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.15794 of 2024 Peri.Boomiraj, S/o.Periyasamy, Deputy President, ' Devakottai Vattara Neernilai Paadhukappu Pothunala Sangam, No.9, VBS Complex, Silappani North, Devakottai, ... Petitioner Vs.
1. The District Collector, Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer, Devakottai Sub Division,
3. The Assistant Director of Survey and Land Records, Collector Office Campus, Sivagangai,
4. The Tahsildar, 1/5
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5. The Taluk Surveyor,
6. The Village President, Unjanai Village, Devakottai Taluk,
7. Rama.Rama.Ramasamy ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the fourth respondent in his proceedings in Na.Ka.A2/08/2024 dated 14.03.2024 and quash the same and consequently direct the fourth respondent to remove the encroachment made by the seventh respondent in Unjanai Oorani in survey No.267/1, Unjanai Village, Devakottai Taluk, Sivagangai District by considering the petitioner's representation dated 30.01.2024. For Petitioner : Mr.M.Solaisamy For R-1 to R-6 : Mr.K.Balasubramani, Special Government Pleader.
For R-7 : Mr.R.Balakrishnan * * * 2/5
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O R D E R
Heard both sides.
2. The petitioner's grievance is justified. The petitioner's counsel rightly pointed out that the existence of the road is in the middle of the petition-mentioned water body. But then, interference is not possible. The road has been in existence for a number of years. The local villagers are also using it. It is further clarified by the Tahsildar, Devakottai that there is no encroachment in the petition-mentioned water body. Therefore, we do not find any ground to interfere with the impugned memorandum. The learned counsel for the respondents clarifies that the access to the road will not be prevented as it is a public road. This writ petition stands dismissed. No costs.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 16th July 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5
4 W.P.(MD)NO.15794 OF 2024 To:
1. The District Collector, Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer, Devakottai Sub Division,
3. The Assistant Director of Survey and Land Records, Collector Office Campus, Sivagangai,
4. The Tahsildar,
5. The Taluk Surveyor,
6. The Village President, Unjanai Village, Devakottai Taluk, 4/5
5 W.P.(MD)NO.15794 OF 2024 G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.15794 of 2024 16.07.2024 5/5
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