Selvaraj.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.25180 of 2023 S.Selvaraj ... Petitioner Vs.

1.The District Collector Karur, Karur District.

2.The Tahsildhar Pugalur Taluk, Karur District.

3.The Executive Officer Punjai Thotakuruchi Town Panchayat, Karur District.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 2nd and 3rd respondents from establishing well for purpose of extraction of ground water for irrigation purpose at S.No.915 situated at Thotakurichi Nanjai, Pugalur Taluk, Karur District, within a time frame fixed by this Court.

For Petitioner : Mr.J.Senthil Kumaraiah For Respondents: Mr.S.Ra.Ramachdran - for R1 & R2 Additional Government Pleader Mr.P.T.Thiraviyam - for R3 Government Advocate

ORDER

Heard the learned counsel appearing on either side

2. The petition mentioned survey number admittedly, is not a patta land. The petitioner is said to have put up a house. The 2/6

petitioner's counsel states that apart from the petitioner, there are 14 others who are residing in the vicinity. The respondents will not selectively target the petitioner alone and uniform approach has to be adopted in such cases. If the proposal is to clear the encroachments, every encroacher should be removed. The respondents have to adopt due process of law as regard the petitioner.

3. The petitioner counsel states that Pugalur Taluk has been categorized as over exploited area in G.O(Ms)No.15 Water Resources Department, dated 28.03.2023. He would further contend that therefore, no well can be permitted to be set up in the petition mentioned survey number. If any well is proposed to be set up, the petitioner will be informed in advance and petitioner will be entitled to move this Court again for relief.

4. With these directions to the respondents to adopt due process of law while clearing encroachments and liberty to the petitioner to come before this Court again with regard to the 3/6

establishment of well for irrigation purpose in the petition mentioned survey number, the Writ Petition is disposed of, accordingly. No costs. Consequently, connected miscellaneous petition is closed. 19.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No RM 4/6

To:

1.The District Collector Karur, Karur District.

2.The Tahsildhar Pugalur Taluk, Karur District.

3.The Executive Officer Punjai Thotakuruchi Town Panchayat, Karur District.

5/6

G.R.SWAMINATHAN, J.

RM 19.12.2023 6/6