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Madras High CourtWP(MD)/22006/2025dismissed

S.Shanmuganathan v. The District Collector,

2025-08-14Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22006 of 2025 and W.M.P.(MD)No.17104 of 2025 1.S.Shanmuganathan, S/o.Sethuramalingam Nadar President, Kadana-Kangeyan Kalvai, Water Beneficiaries Sangam, Mukkudal, Korankulam, Urbankulam, Pudukudi, Door No.9/28B, Kakkam Street, Mukkudal, Cheranmahadevi Taluk, 2.G.Muthuraman S/o.Ganesan, Kadana-Kangeyan Kalvai, Water Beneficiaries Sangam, Mukkudal, Korankulam, Urbankulam, Pudukudi, Door No.9/28B, Kakkam Street, Mukkudal, Cheranmahadevi Taluk, ... Petitioners Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

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2.The Sub Collector, 3.The Tahsildar, 4.The Assistant Engineer, Water Resources and Irrigation Basin, Public Works Department, 5.The Additional Director of Town Panchayat, Perumalpuram, Palayamkottai, 6.The Executive Officer, Mukkudal Town Panchayat, Mukkudal, 7.L.Radha 8.R.Lakshmanan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to forbear the Respondents No.6 to 8 from locating the daily vegetable market, Commercial Shopping Complex and formation of layout for the purpose of house sites at Korankulam Pond comprised in Survey Nos.63B, 64, 65, 66, 68B, 69 and 70 situated at Mukkudal, Cheranmahadevi 2/6

Taluk, Tirunelveli District based on the communication of the 6th Respondent dated 28.04.2024 in the light of the Representations of the Petitioners dated 19.08.2024.

For Petitioner :Mr.B.Prahalad Ravi For Respondents :Mr.C.Venkatshkumar Special Government Pleader for R1 to R5 : Mr.T.Amjad Khan Government Advocate for R6

ORDER

Heard both sides.

2. The petitioners are the office bearer of a Water Users Association. They have filed this writ petition to forbear the authorities from constructing any shopping complex in the petition mentioned survey numbers. According to the petitioners, the petition mentioned survey numbers have been classified as water bodies.

3. The learned Special Government Pleader on instructions states that the proposed construction will come up only in Survey No.69/3B2 and Survey 3/6

No.69/5A. He categorically states that these two survey numbers were never classified as water bodies. We had a look at the "A" register. It is seen that these two survey numbers have been classified only as patta lands.

4. Recording the stand of the learned Special Government Pleader, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 14.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub Collector, 3.The Tahsildar, 4/6

4.The Assistant Engineer, Water Resources and Irrigation Basin, Public Works Department, 5.The Additional Director of Town Panchayat, Perumalpuram, Palayamkottai, 6.The Executive Officer, Mukkudal Town Panchayat, Mukkudal, 5/6

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

rmi W.P(MD)No.22006 of 2025 14.08.2025 6/6