A.Vavamydeen v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20882 of 2024 and W.M.P.(MD)Nos.17690 & 25439 of 2024 a.Vavamydeen ... Petitioner Vs.

1.The District Collector, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi.

3.The Tahsildar, Shenkottai Taluk, Tenkasi.

4.The Executive Officer, Vadakarai Keelpidagai Town Panchayat, Tenkasi.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to restore the total capacity of Saravana Poigai Pond measuring 2.58.5 hectares situated in S.No.602 Vadakarai Keelpidagai Village, Shenkottai Taluk, Tenkasi District by removing the sand filling more particularly in the western portion of the pond for the fourth respondent and 1/4

remove the encroachments made in the Narayanaperi Channel within a time fixed by this Court.

For Petitioner :Mr.H.Arumugam For Respondents :Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

Heard both sides.

2. The only prayer made by the petitioner is that the extent of the petition mentioned water body known as Saravana Poigai Oorani in Vadakarai Keelpidagai Village should not be reduced.

3. We went through the extract of the "A" register. It is seen therefrom that the petition mentioned water body is located in Survey No.602. The total extent is 2.58.5 hectares.

4. The learned Additional Government Pleader on instructions states that this extent will not suffer any reduction and no construction will come up inside the water body. It is open to the authorities to undertake activities such as strengthening of the tank bund or putting up parking area around the bund. The integrity of the tank shall not be tinkered with. 2/4

5. The Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 05.02.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi.

3.The Tahsildar, Shenkottai Taluk, Tenkasi.

4.The Executive Officer, Vadakarai Keelpidagai Town Panchayat, Tenkasi.

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

rmi W.P(MD)No.20882 of 2024 05.02.2025 4/4