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Madras High CourtWP(MD)/20122/2023allowed

Dhanabalan J v. The District Collector

2024-08-29Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20122 of 2023 J.Dhanabalan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai.

3.The Tahsildar, Thiruppathur Taluk, Sivagangai.

4.The Block Development Officer, Union Office, Thiruppathur Taluk, Sivagangai.

5.A.Karupaiya 6.K.R.Chandrasekar ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to restore the Karaiyurani Tank situated in S.No.214/1 measuring to an extent of 1.36 acres at Melayanpatti, Brahmanapatti Village, Thiruppathur Taluk, Sivagangai District back to its original position from being used as a burial ground within the time fixed by this Court and also to take action against the respondents 5 and 6. For Petitioner :Mr.P.P.Alwin Balan For Respondents :Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R4 : Mr.S.Bharathy Kannan for R6

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1 to R4.

2. Survey No.214/1 of Brahmanapatti Village has been classified as 'Oorani'. The petitioner alleges that it is being used as burial ground.

3. We direct the official respondents to ensure that Survey No.214/1 maintains the character of water body for all times to come. The Writ Petition is allowed. No costs.

[G.R.S., J.] [B.P., J.] 29.08.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 2/4

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Devakottai, Sivagangai.

3.The Tahsildar, Thiruppathur Taluk, Sivagangai.

4.The Block Development Officer, Union Office, Thiruppathur Taluk, Sivagangai.

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

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