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Madras High CourtWP(MD)/15667/2018dismissed

V.Thanga Pushpam, v. The District Collector,

2024-06-13Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.14068 and 14069 of 2018 V.Thanga Pushpam ... Petitioner Vs.

1.The District Collector, Collectorate, Kanyakumari District.

2.The Assistant Engineer, O/o.The Assistant Engineer (Irrigation), Public Works Department / Water Resources Organization, Eraniel, Kanyakumari District.

3.The Executive Officer, O/o.The Executive Officer, Ganapathipuram Town Panchayat, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the 1/4

records pertaining to the Impugned Order in Letter No.E.P / Ko.11 / 243 - 2018 / dated 21/05/2018 on the file of the Respondent No.2 and quash the same as illegal.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.K.Balasubramani, Spl. Government Pleader.

ORDER

Heard both sides.

2.The notice is in respect of re-survey No.35/3, Neendakarai "B" Village. The revenue records clearly indicate that it is part of Rajakkamangalam channel. We wanted to know from the learned counsel for the petitioner if the petitioner is having any patta in respect of the aforesaid survey number. The petitioner is not able to produce any revenue record in his name. In these circumstances, this Court will not be justified in interfering on technical grounds. 2/4

2.The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 13.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Collectorate, Kanyakumari District.

2.The Assistant Engineer, O/o.The Assistant Engineer (Irrigation), Public Works Department / Water Resources Organization, Eraniel, Kanyakumari District.

3.The Executive Officer, O/o.The Executive Officer, Ganapathipuram Town Panchayat, Kanyakumari District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 13.06.2024 4/4