Madras High Court
Hari Krishnan vs / on 27 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.2046 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.2046 of 2025
Hari Krishnan ... Petitioner
/Vs./
1. The District Collector
Office of the Collectorate Building,
Tirunelveli District.
2. The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Cheranmagadevi, Tirunelveli District.
3. The Special Tahsildar (Land Acquisition),
River Interlinking Scheme,
Zonal - 1, Ambasamuthiram, Cheranmagadevi,
Tirunelveli District.
4. The Tahsildar
Office of the Tahsildar, Cheranmagadevi,
Tirunelveli District.
5. The Village Administrative Officer,
Office of the Village Administrative Officer,
Melacheval - II, Cheranmagadevi,
Tirunelveli District. ... Respondents
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.2046 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to remove the pile
of stones and sand from the Petitioner's agricultural land and the same
was heaped by the third respondent in connection with river interlinking
scheme by considering the Petitioner's representation dated 30.11.2024.
For Petitioner : Mr.D.S.Haroon Rasheed
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
ORDER
This Writ Petition has been filed for a direction, directing the respondents to remove the pile of stones and sand from the Petitioner's agricultural land and the same was heaped by the third respondent in connection with river interlinking scheme.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner owned land to an extent of 0.71.5 Aers comprised in S.No.540/2C & 540/1B situated at Melacheval village, Cheranmagadevi, Tirunelveli District. While being so, the third 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2046 of 2025 respondent dig the sand so as to form the canal in connection with the river interlinking project and the same was also heaped in the petitioner's agricultural land. However, after completion of the project, the third respondent failed to remove the same and it would affect the agricultural activities.
4. The learned Additional Government Pleader, on instructions, would submit that the competent person to keep the stone and sand in the agricultural land is the Water Resources Department and as such, the representation should be considered by the Executive Engineer, Water Resources Department, Special Project Division, Ambasamudram.
5. In view of the above, the petitioner is directed to submit fresh representation before the Executive Engineer, Water Resources Department, Special Project Division, Ambasamudram, within a period of one week from the date of receipt of copy of this order. On receipt of the same, the Executive Engineer, Water Resources Department, Special Project Division, Ambasamudram, is directed to consider the same and act in accordance with law.
3/6https://www.mhc.tn.gov.in/judis W.P.(MD)No.2046 of 2025
6. With the above direction, this Writ Petition stands disposed of.
No costs.
Internet : Yes/No 27.01.2025
NCC : Yes / No
LS
TO:-
1. The District Collector
Office of the Collectorate Building, Tirunelveli District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Cheranmagadevi, Tirunelveli District.
3. The Special Tahsildar (Land Acquisition), River Interlinking Scheme, Zonal - 1, Ambasamuthiram, Cheranmagadevi, Tirunelveli District.
4. The Tahsildar Office of the Tahsildar, Cheranmagadevi, Tirunelveli District.
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5. The Village Administrative Officer, Office of the Village Administrative Officer, Melacheval - II, Cheranmagadevi, Tirunelveli District.
Copy to The Executive Engineer, Water Resources Department, Special Project Division, Ambasamudram 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2046 of 2025 G.K.ILANTHIRAIYAN, J.
LS Order made in W.P.(MD)No.2046 of 2025 Dated:
27.01.2025 6/6 https://www.mhc.tn.gov.in/judis