Madras High CourtWP(MD)/19630/2023disposed of

Zeenath Beevi v. The District Collector

2023-10-05Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.16205 of 2023 Zeenath Beevi ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Nagercoil, 3.The Tahsildar, Thovalai Taluk, 4.The Executive Engineer, Public Works Department (WRO), Kothaiyaaru Basin Division, Nagercoil, 1/4

5.The Assistant Engineer, Public Works Department (Water Resource Organisation), Boothapandi, Kanyakumari District.

6.Feros Khan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made in Survey Nos. 899/5, 800/2 and 799/19 of Madhavalayam Village, Thovalai Taluk, Kanyakumari District. For Petitioner : Mr.A.S.Abdul Kalaam Azad For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.5 Mr.R.Karunanidhi for R.6

ORDER

Heard both sides.

2. The prayer in this writ petition is for removal of encroachments said to have been committed by the sixth respondent.

3. Today when the matter was taken up for hearing, the learned Special Government Pleader appearing for the official respondents submitted that already Form - II notice was issued on 28.09.2023. 2/4

4. We direct the official respondents to take the matter to its logical conclusion. We make it clear that the rights of the sixth respondent has not been adjudicated in this writ petition. They are left open.

5. 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.] 05.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, 2.The Revenue Divisional Officer, Nagercoil, 3.The Tahsildar, Thovalai Taluk, 4.The Executive Engineer, Public Works Department (WRO), Kothaiyaaru Basin Division, Nagercoil, 3/4

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

MGA 5.The Assistant Engineer, Public Works Department (Water Resource Organisation), Boothapandi, and W.M.P(MD)No.16205 of 2023 05.10.2023 4/4