R.Viju, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.22924 of 2018 R.Viju ... Petitioner Vs.

1.The District Collector, Nagercoil, 2.The Tahsildar, Kalkulam Taluk, Thuckalai - 629 175, 3.The Assistant Engineer, Water Resource Department, Public Works Department, Water Irrigation (Special Section), Thuckalai - 629 175, 1/5

4.The Executive Officer, Mulagumoodu Town Panchayat, Mulagumoodu Post, ... 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 order passed by the third respondent in Letter No.584/Ko3/Oo.Po(c)/2018 dated 29.11.2018 and to quash the same as illegal, arbitrary and against principles of natural justice.

For Petitioner : Mr.L.Shaji Chellan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petitioner challenges Form-3 notice issued by the third respondent. The Form-3 notice mentions four survey numbers, namely, 77/14, 77/7, 77/2 and 77/12. It is not in dispute that Survey No.77/14 is not a water body. In the A-Register, it has been earmarked for Court use. 2/5

3.The learned counsel appearing for the petitioner states that the petitioner has already filed W.P(MD)No.24698 of 2018 seeking patta. Therefore, inclusion of Survey No.77/14 in the impugned Form-3 notice clearly bad as it is not a water body.

4.Coming to the other three survey numbers, it is seen that the petitioner is not concerned with the encroachment made in Survey No.77/12. Therefore, we do not interfere with the impugned Form-3 insofar as Survey No. 77/12 is concerned.

5.However, regarding Survey No.77/2, there appears to be a marginal encroachment. Of course, even a small encroachment in a water body cannot be tolerated. It is beyond dispute between the small feeding channel and the petitioner's compound wall there exists a road. 6.We therefore of the view that the third respondent need not take any action against the petitioner in respect of the encroachment committed in Survey Nos.77/7 and 77/2.

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7.This writ petition is partly allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 08.08.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Nagercoil, 2.The Tahsildar, Kalkulam Taluk, Thuckalai - 629 175, 3.The Assistant Engineer, Water Resource Department, Public Works Department, Water Irrigation (Special Section), Thuckalai - 629 175, 4.The Executive Officer, Mulagumoodu Town Panchayat, Mulagumoodu Post, 4/5

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

MGA 08.08.2024 5/5