Karuppusamy, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and THE HON'BLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.17089 & 17090 of 2018 Karuppusamy ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Palani Taluk, Dindigul District.

3.The Executive Engineer, Nanganjiyaru Basin Division, Public Works and Water Resource Department, Palani, Dindigul District.

4.The District Forest Officer, Dindigul Division, Velunachiyar Complex, Dindigul - 624 004.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorari, to call for the records pertaining to the notices issued by the third respondent in his proceedings Form No.II dated 31.07.2018 and Form No.III dated 31.07.2018 and quash the same as illegal.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.C.Venkateshkumar, Special Government Pleader

ORDER

Heard both sides.

2.The third respondent herein has issued Form III notice under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 calling upon the petitioner to remove the encroachments committed by him. Challenging the same, this writ petition has been filed.

3.The stand of the writ petitioner is that he had planted trees in the tank bund and not on the bed. It may be so. We have already held that tank bund is also a part of the tank. The petitioner has no right to plant trees on a land that does not belong to him. The respondents had rightly issued notice. Interference is not warranted. 2/4

4.This writ petition is dismissed. No costs. Connected miscellaneous petitions are closed.

[G.R.S., J.] & [B.P., J.] 03.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No Skm To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Palani Taluk, Dindigul District. 3.The Executive Engineer, Nanganjiyaru Basin Division, Public Works and Water Resource Department, Palani, Dindigul District.

4.The District Forest Officer, Dindigul Division, Velunachiyar Complex, Dindigul - 624 004.

3/4

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

Skm and WMP(MD)Nos.17089 & 17090 of 2018 03.07.2025 4/4