Selvaraj.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.19135 of 2023 S.Selvaraj ... Petitioner Vs.

1.The District Collector, District Collector's Office, Trichy - 1, Trichy District.

2.The Tahsildar, Taluk Office, Thiruverumbur Taluk, Trichy District.

3.The Assistant Executive Engineer, River Conservancy Division, Public Works Department, Water Resources Organization, Thiruverumbur Taluk, Trichy District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to first respondent proceeding made in Lr.No.27/2022-AE(T), dated on 15.09.2022 quash the same, and further direct the respondents to follow the procedures contemplated under Land Encroachment Act, 1905. For Petitioner : Mr.R.Sakthivel For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2. The petitioner questions Form - III notice issued by the third respondent. Form - III pertains to Survey No.112/1, Keelakurichi Village. The petitioner is having patta only in respect of Survey No.111/2. Survey No.111/1 is a water body. The petitioner has no manner of right thereon. We do not find any ground to interfere.

3. This writ petition stands dismissed. The third respondent will ensure that if there are other encroachers, they will also be dealt within the 2/4

same manner by adhering to due process of law. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 25.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, District Collector's Office, Trichy - 1, Trichy District.

2.The Tahsildar, Taluk Office, Thiruverumbur Taluk, Trichy District.

3.The Assistant Executive Engineer, River Conservancy Division, Public Works Department, Water Resources Organization, Thiruverumbur Taluk, Trichy District.

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

MGA and W.M.P(MD)No.19135 of 2023 25.09.2023 4/4