Arulmigu Vetrivinayaga Kovil v. The Assistant Engineer, W.R.D

1 W.P.(MD)NO.27204 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.27204 of 2024 AND W.M.P.(MD)No.23053 & 23054 of 2024 Arulmigu Vetrivinayaga Kovil, Rep. by its President R. Jeyakodi, S/o. Sunda Thevar, Nethaji Main Street, Thirnagar, Thirupparankundram, Madurai.

... Petitioner Vs.

The Assistant Engineer W.R.D., Nilaiyur Section, Nilaiyur, Madurai District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for records relating to the impugned Form III notice issued by the respondent dated 21.10.2024 under Rule 6(I) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and quash the same as illegal. For Petitioner : Mr.M. Jerin Mathew For Respondent : Mr. G.V. Vairam Santhosh, Additional Government Pleader.

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2 W.P.(MD)NO.27204 OF 2024

O R D E R

Heard both sides.

2. The respondent will conduct proper survey after issuance of notice to the petitioner herein. We make it clear that the respondent is entitled to remove any construction that has come up in the water body. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 15th November 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

The Assistant Engineer W.R.D., Nilaiyur Section, Nilaiyur, Madurai District.

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3 W.P.(MD)NO.27204 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.27204 of 2024 15.11.2024 3/3