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2024 Supreme(Mad) 433

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
R. Kanniyakumari – Appellant
Versus
District Collector, Salem District – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S.P. Arthi, Advocate.
For the Respondent:K. Karthik Jegannath, Government Advocate, A. Anandan, Government Advocate.

JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to restore the land measuring ares 75.50 cents with its watercourse having survey No.153 in Karuppur Village, Omalur Taluk, Salem District and pass an order directing the respondents to permanently cease and desist from carrying out any construction activities on the said land and directing the 3rd respondent to effect mutation of revenue records to indicate the said land as water body.)

1. We have heard Ms.S.P.Arthi, learned counsel for the petitioners, Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 1 to 3 and Mr.A.Anandan, learned Government Advocate for the fourth respondent.

2. The present writ petition is filed seeking directions to restore the land measuring 75.50 cents (watercourse) in S.No.153, Karuppur Village, Omalur Taluk.

3. Learned counsel for the petitioners submits that a watercourse exists. The respondents are destroying the said watercourse by making construction and installing a gasifier flouting Tamil Nadu Village Panchayat (Provisions of Burial and Burning Grounds) Rules, 1999. No burial ground can exist with

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