M.Sargurunathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Sargurunathan ... Petitioner -vs1.The District Collector, Pudukottai District, Pudukottai.

2.The Assistant Engineer, Water Resource Department, PWD Office, Aranthangi, Pudukottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukottai District.

4.Shanmugam, S/o.Murugaiah Konar 5.Narayanan, S/o.Krishna Konar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 and 5 in the Alamadai irrigation channel comprised in Survey No.41/17, situated at Kundagavayal Village,

Aranthangi Taluk, Pudukottai District, by considering the petitioner's representation dated 18.07.2024.

For Petitioner : Mr.T.Lenin Kumar For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Heard Mr.T.Lenin Kumar, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader for the respondents 1 to 3.

2. The claim of the petitioner is that the land in S.No.41/17, situated at Kundagavayal Village, Aranthangi Taluk, Pudukottai District, has been classified as Watercourse and the same has been encroached upon by constructing a decorative arch.

3. Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents 1 to 3 has produced a copy of the ''A'' Register of the Kundagavayal Village, which shows that the land in S.No.41/7 has been classified as ''cart track'' [tz;bghij].

4. From the instruction given by the Tahsildar, Aranthangi Taluk, Pudukottai District, the third respondent herein to the learned Special Government Pleader, it is seen that a decorative arch was being put up with the permission of the Government. No case has been made out for encroachment. The Writ Petition is, therefore, dismissed. No costs. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 05.08.2024 Internet : Yes smn2 To:

1.The District Collector, Pudukottai District, Pudukottai.

2.The Assistant Engineer, Water Resource Department, PWD Office, Aranthangi, Pudukottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukottai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 05.08.2024