Karmegam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.15270 of 2024 Karmegam ... Petitioner Vs.

1.The District Collector, Sivagangai, Sivagangai District.

2.The Assistant Engineer, PWD, Water Resources, Irrigation Division - II, Thiruppuvam, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the files of the 2nd respondent pertaining to its proceeding bearing No.Nil dated 20.06.2024 and to quash the same and consequently forbear the respondents from cutting and removing the standing yielding coconut trees available in the property in Survey No.19 of Malavayanenthal Village, Manamadurai Taluk admeasuring 1/4

8.96.0 ares by considering the request submitted by the petitioner dated 28.06.2024.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.S.Kameswaran, Government Advocate.

ORDER

Heard both sides.

2.Admittedly, the petitioner has no right over the land on which the trees have come up. The learned Government Advocate draws our attention to the order dated 16.04.2024 made in W.P.(MD)No.8980 of 2024. We had held that when the land in question has been classified as water body, the question of granting relief in favour of the petitioner would not arise at all. The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.J.,) & (B.P.J.,) 30.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

To:- 1.The District Collector, Sivagangai, Sivagangai District.

2.The Assistant Engineer, PWD, Water Resources, Irrigation Division - II, Thiruppuvam, Sivagangai District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 30.07.2024 4/4