W.P.(MD)No.10849 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 06.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

AND

THE HONOURABLE MRS. JUSTICE S.ANANTHI

W.P.(MD)No.10849 of 2022

Kannan

: Petitioner

Vs.

1.The Chief Secretary

Government of Tamilnadu

St. George Fort,

Chennai.

2.The District Collector

Virudhunagar

Virudhunagar District.

3.The District Revenue Officer,

Aruppukottai

Virudhunagar District.

4.The Tahsildar

Tiruchuli Taluk

Virudhunagar District

5.The Deputy Superintendent of Police,

Tiruchuli

Virudhunagar District.

6.The Sub Inspector of Police,

A.Mukkulam Police Station,

Virudhunagar District.

7.Baskaran

8.Prabhakaran

: Respondents

PRAYER: Petition is filed under Article 226 of the Constitution of

India praying for issuance of a Writ of Mandamus to direct the 2^nd

respondent to remove the encroachments and protect the water

catchments and its input canals in the irrigation tank namely

Aayakulam Kanmoi situated in Survey No.190 in Eluvani Village,

A.Mukkulam, Tiruchuli Taluk, Virudhunagar District based on the

petitioner's representation dated 15.03.2022 within the stipulated

time limit as fixed by this Court.

For Petitioner

: Mr.A.Prasanna Rajadurai

For Respondents

: Mr.D.Sadiq Raja

R1 to R4

Additional Government Pleader

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W.P.(MD)No.10849 of 2022

ORDER

(Order of the Court was made by P.N.PRAKASH, J.)

Alleging that the respondents 7 and 8 have encroached into

S.No.190 in Eluvani Village, A.Mukkulam, Tiruchuli Taluk,

Virudhunagar District, which is said to be a water body, the

present Public Interest Litigation has been filed for a direction to

the respondents to remove the encroachments.

2. In support of the petition, the learned counsel for the

petitioner brought to our notice two communications; One of the year

2013 addressed by the Tahsildar, Tiruchuli to the District Revenue

Officer stating that 13 persons have encroached into S.Nos.191/3 to

195/1. In response to the same, the District Revenue Officer has

passed a detailed order dated 07.03.2014 alleging that pattas of

those persons cannot be cancelled, as they are repatriates from

Burma. But the revenue authorities can only ensure that there is no

further encroachment.

3. It is seen that in both these communications, there is

absolutely no reference to S.No.190, which is the subject matter of

Public Interest Litigation.

4. The learned Additional Government Pleader appearing for the

respondents 1 to 4 submitted that inspection conducted by the

revenue authorities showed that there is no encroachments in

S.No.190.

5. In such view of the matter, we are not satisfied with the

allegations made by the petitioner for entertaining this writ

petition. Hence, the writ petition is dismissed. No costs.

Sd/-

Assistant Registrar (CS-III)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

RR

To

1.The Chief Secretary

Government of Tamilnadu

St. George Fort, Chennai.

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W.P.(MD)No.10849 of 2022

2.The District Collector

Virudhunagar

Virudhunagar District.

3.The District Revenue Officer,

Aruppukottai, Virudhunagar District.

4.The Tahsildar

Tiruchuli Taluk

Virudhunagar District

5.The Deputy Superintendent of Police,

Tiruchuli, Virudhunagar District.

6.The Sub Inspector of Police,

A.Mukkulam Police Station,

Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-24396[F] dated 07/06/2022 )

Order made in

W.P.(MD)No.10849 of 2022

06.06.2022

NSN(CO)

GC(14.06.2022) 3P 8C

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