Amirthakumar v. The Assistant Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.13660 of 2025 Amirthakumar ... Petitioner Vs.

1.The Assistant Executive Engineer, Water Resources Department, Vadankkankulam, Tirunelveli District.

2.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the proceedings of the first respondent made in proceedings in Order No.Ko15/132/2025, dated 10.06.2025 and quash the same.

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For Petitioner : Mr.S.Premkumar For Respondents : Mr.N.Ramesh Arumugam Government Advocate

ORDER

Heard both sides.

2.The petitioner challenges the impugned Form - 3 notice on the ground set out in the affidavit filed in support of the writ petition. 3.We had a look at the A-Register. It is seen therefrom that Survey No.932/2, Perungudi has been shown as a "water body" (Vadakkankulam). The petitioner does not challenge the said classification. The stand of the petitioner is that he has constructed a house in Survey No.934/17A. We make it clear that while it is open to the respondents to proceed to enforcement of the impugned Form - 3 notice in respect of Survey No.932/2, they shall not touch the petitioner's patta land in Survey No.934/17A. We also direct the respondents to ensure that all the encroachments in Survey No.932/2 are cleared. 2/4

4.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.] 03.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Assistant Executive Engineer, Water Resources Department, Vadankkankulam, Tirunelveli District.

2.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

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

MGA 03.07.2025 4/4