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Madras High CourtWP(MD)/24362/2025disposed of

B.Muniyasamy v. The District Collector

2025-09-11Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.24362 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.24362 of 2025 AND W.M.P.(MD)Nos.19118 & 19119 of 2025 B.Muniyasamy ... Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

4. The Assistant Engineer, Water Resource Department, Irrigation Division-II, Uthirakosamangaiyar Basin Division, Ramanathapuram District.

5. Nagarajan ... Respondents Prayer: Writ petition filed under Article 226 of the 1/4

2 W.P.(MD)NO.24362 OF 2025 Constitution of India, to issue a Writ of Mandamus, calling for the records relating to the impugned Form-II Notice dated 17.07.2025 issued by the fourth respondent under Section 7 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 read along with the impugned Form-III Notice dated 31.07.2025 issued by the fourth respondent under Section 6(1) of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and quash the same as illegal.

For Petitioner : Mr.B.Prasanna Vinoth For R-1 to R-4 : Mr.C.Venkatesh Kumar, Special Government Pleader.

* * *

O R D E R

Heard both sides.

2. This writ petition has been filed on apprehension that in the guise of the enforcement of the impugned Form-III notice, the petition-mentioned temple also would be demolished.

3. The learned Special Government Pleader on instructions clarifies that the petition-mentioned temple will not be touched. 2/4

3 W.P.(MD)NO.24362 OF 2025 What is going to be removed is only the encroachment committed in respect of the channel.

4. Recording the said stand of the learned Special Government Pleader, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 11th September 2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

3. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

4. The Assistant Engineer, Water Resource Department, Irrigation Division-II, Uthirakosamangaiyar Basin Division, Ramanathapuram District.

3/4

4 W.P.(MD)NO.24362 OF 2025 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.24362 of 2025 11.09.2025 4/4