S.Vinothraj, v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.16686 of 2016 and W.M.P(MD)Nos.12137, 12138 of 2016 & 11442 of 2018 S.Vinothraj ... Petitioner Vs.

1.The State represented by The Secretary, Department of Revenue, Fort St.George, Chennai - 600 009.

2.The State represented by The Principal Secretary, Department of Municipal Administration and Water Supply, Fort St.George, Chennai - 600 009.

3.The State represented by The Principal Secretary, Public Works Department, Fort St.George, Chennai - 600 009.

1/5

4.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

5.The Tiruchirappalli City Municipal Corporation, Represented by its Commissioner, Bharathidasan Road, Cantonment, Tiruchirappalli - 620 001.

6.The District Collector, Trichy District, Trichy.

7.The Executive Engineer, Public Works Department, Subramaniapuram, Trichy.

8.Trichy Press Club, Represented by its President, Kalaiyarangam Theatre Campus, Near Central Bus Stand, Trichy - 620 001.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in G.O.(Ms)No.251 Revenue (Nimu 3.1) Department dated 16.05.2008 on the file of the first respondent and quash the same as illegal and consequently for a direction, directing the respondents to cancel the allotment of land in favour of the members of the eighth respondent Press Club by way of providing them alternative land and to protect the Kottapattu Periyakulam Tank 2/5

situated in S.No.114, Kottapattu Village, Trichy Taluk, Trichy District in accordance with the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.4, R.6 & R.7 Mr.R.Baskaran Senior Counsel for M/s.R.B.Associates for R.5

ORDER

Heard both sides.

2. The members of the eighth respondent press club were allotted the land in question vide G.O(Ms)No.251 Revenue Department dated 16.05.2008. Contending that the water body cannot be reclassified and allotted in favour of private parties, the present writ petition came to be filed assailing the validity of the said Government Order. During the pendency of this writ petition, the Government had taken a policy decision to drop the proposal itself. 3/5

2. Recording the said stand taken by the official respondents, this writ petition is disposed of as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 01.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, District Collector Office, Karur District, Karur.

2.The Tahsildar, Manmangalam Taluk Office, Manmangalam, Karur District.

3.The Block Development Officer, Karur Block, Karur District.

4.The Head Surveyor, Manmangalam Taluk Office, Manmangalam, Karur District.

5.The President, Vangal Kuppuchi Palayam Panchayat, Manmangalam Taluk, Karur District.

4/5

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

MGA W.P(MD)No.16686 of 2016 and W.M.P(MD)Nos.12137, 12138 of 2016 & 11442 of 2018 01.08.2023 5/5