Madras High CourtWP(MD)/20889/2023disposed of

P.Rajavel v. The District Collector

2023-08-28Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20889 of 2023 and W.M.P(MD)Nos.17289 & 17290 of 2023 P.Rajavel ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, Kothaiyaru Basin Division, Nagercoil, 3.The Assistant Executive Engineer, Palaiyaru Basin Division, Nagercoil, 4.The Sub Collector, Cheranmahadevi, 1/5

5.The Assistant Engineer, (Additional Charge), Irrigation Section, Boothapandi, 6.The Tahsildar, Radhapuram Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice Letter No.KO14B/713/2023 dated 04.08.2023 issued by the fifth respondent quash the same.

For Petitioner : Mr.V.Sasi Kumar For Respondents : Mr.M.Siddharthan Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner has come to this Court at the Form - 2 stage itself. The fifth respondent had issued Form - 2 notice under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. 2/5

3. When we indicated that the petitioner can very well offer his objection, the learned counsel submitted that the petitioner has already submitted the representation on 13.06.2023. It is seen that the said representation has been submitted only to the revenue authorities. It is only the competent authority under the Water Resources Department who can go in to the said issue. We therefore permit the petitioner to lodge his representation before the third respondent. The petitioner has to necessarily submit the said representation within a period of one week from the date of receipt of a copy of this order. Thereupon, the third respondent shall conduct enquiry in accordance with law and pass final order. Till the final order is passed by the third respondent, no coercive action shall be taken.

4. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 28.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/5

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, Kothaiyaru Basin Division, Nagercoil, 3.The Assistant Executive Engineer, Palaiyaru Basin Division, Nagercoil, 4.The Sub Collector, Cheranmahadevi, 5.The Assistant Engineer, (Additional Charge), Irrigation Section, Boothapandi, 6.The Tahsildar, Radhapuram Taluk, 4/5

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

MGA W.P(MD)No.20889 of 2023 and W.M.P(MD)Nos.17289 & 17290 of 2023 28.08.2023 5/5