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Madras High CourtWP(MD)/21534/2022allowed

Bakkiya Joseph v. The District Collector

2025-01-03Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Bakkiya Joseph ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3.The Sub Collector, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made in the prohibited Kallaru Odai Poramboke land situated in 1/4

Survey No.7 at Periyasamipuram Village, in Survey No.295 in Melmaanthai Revenue Village, in Survey Nos.989, 10/28, 10/29 10/,30, 10/31, 10/32 and 10/33 in Vaippar Revenue Village at Vilathikulam Taluk, Thoothukudi District by considering petitioner's representation dated 17.08.2022. For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2.It is beyond dispute that the petition mentioned survey numbers have been classified as "water bodies". Encroachment on the petition mentioned survey numbers cannot be permitted. It appears that some private persons had set up salt pan in the said survey lands. On account of the recent rains, the salt pan got washed away. The authorities have not done anything. 3.Be that as it may, we direct the respondents to ensure that the petition mentioned survey numbers are kept free of encroachment for all times to come.

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4.This writ petition is allowed accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 03.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The District Revenue Officer, Thoothukudi District, Thoothukudi.

3.The Sub Collector, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

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

MGA 03.01.2025 4/4