D.Manikandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/02/2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE P.DHANABAL and WMP(MD) Nos.18573, 18857 and 18858 of 2018

1. D.Manikandan,

2. S.Agash, ... Petitioners V.

1. The District Collector, Kanyakumari District, Nagercoil.

2. The District Revenue Officer, Collectorate Campus, Nagercoil.

3. The Revenue Divisonal Officer, Padmanabhapuram, Thuckalay,

4. The Tahsildar,, Kalkulam Taluk, Thuckalay,

5. The Revenue Inspector, Thuckalay Pirka, Taluk Office Campus, Thuckalay & Post, Kanyakumari Dist.

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6. The Village Administrative, Officer, Thuckalay Revenue Village, Thuckalay,

7. The Assistant Director Of, Geology and Mining, Collectorate Campus, Nagercoil.

8. The Assistant Engineer, Irrigation (Special) Section, Public Works Department, Thuckalay,

9. The Inspector of Police, Thuckalay Police Station,

10. R.Murugan

11. Vidhu,

12. Vinu, ... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 9 to forbear respondents 10 to 12 from dumping regur soil in RS.No.485/7 & 8 of Thuckalay Village, Kalkulam Taluk, Kanyakumari District. For Petitioners : M/s.C.T.Perumal, 2/6

For Respondents : Mr.T.Amjad Khan for R1 to R4, R6 to R8 Government Advocate Mr.S.S.Madhavan for R5 and R9 Government Advocate (Crl. side)

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] Heard the learned counsel for the petitioner, learned Government Advocate for the respondents 1 to 4, 6 to 8 and the learned Government Advocate (Crl. Side) for the respondents 5 and 9.

2. The grievance is that the respondents 10 to 12 are dumping regur soil in R.S.No.485/7 & 8 of Thuckalay Village, Kalkulam Taluk, Kanyakumari District. It is submitted that the respondent authorities have not taken cognizance of the same.

3. It is for the authorities to consider the aspect of the agricultural land in existence and/or the conversion of that agricultural land. The authorities shall take a decision upon the representation of the petitioners on merits and in accordance with law and policy and after hearing the 3/6

concerned parties expeditiously, preferably within six months.

4. The writ petition stands disposed of. However, there shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

[S.V.G., CJ.] [P.D.B., J.] 28.02.2024 NCC :

Yes/No Index :

Yes/No RR 4/6

TO

1. The District Collector, Kanyakumari District, Nagercoil.

2. The District Revenue Officer, Collectorate Campus, Nagercoil.

3. The Revenue Divisonal Officer, Padmanabhapuram, Thuckalay,

4. The Tahsildar,, Kalkulam Taluk, Thuckalay,

5. The Revenue Inspector, Thuckalay Pirka, Taluk Office Campus, Thuckalay & Post, Kanyakumari Dist.

6. The Village Administrative, Officer, Thuckalay Revenue Village, Thuckalay,

7. The Assistant Director Of, Geology and Mining, Collectorate Campus, Nagercoil.

8. The Assistant Engineer, Irrigation (Special) Section, Public Works Department, Thuckalay,

9. The Inspector of Police, Thuckalay Police Station, 5/6

THE HON'BLE THE CHIEF JUSTICE and P.DHANABAL, J.

RR W.P.(MD)No.21056 of 2018 28.02.2024 6/6