Madras High Court
S.Gowthaman vs The Chief Secretary To The Government on 24 August, 2022
Author: S.S.Sundar
Bench: S.S.Sundar, S.Srimathy
W.P.(MD)No.2355 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.08.2022
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.2355 of 2018
and
W.M.P.(MD)No.2566 of 2018
S.Gowthaman ... Petitioner
Vs.
1.The Chief Secretary to the Government,
Government of Tamil Nadu,
Secretariat, Chennai – 09.
2.The District Collector,
Ramanathapuram District, Ramanathapuram.
3.The Revenue Divisional Officer,
Ramanathapuram District, Ramanathapuram.
4.The Tahsildar, Thiruvadanai Taluk,
Ramanathapuram District.
5.The Superintendent of Police,
Ramanathapuram District, Ramanathapuram.
6.The Inspector of Police,
S.P.Pattinam Police Station,
Ramanathapuram District.
7.The Director,
Department of Environment, 1st Floor,
Panagal Maligai, Saidapet, Chennai – 600 015.
8.The Assistant Director,
Fisheries Department, Ramanathapuram.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.2355 of 2018
9.R.Shanmuganathan ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, to direct the official respondents concerned to
remove the encroachment made by the 9th respondent who newly formed
a road and trying to use the same as his own road on the “Idayanendhal
Orani” for the purpose of unauthorised brawn farm of his opened in
petitioner's Kalianagari Village, Thiruvadanai Taluk, Ramanathapuram
District considering the grievance of the petitioner.
For Petitioner :Mr.R.Sevugaraja
For R1 to R8 :Mr.S.P.Maharajan
Additional Government Pleader
For R9 :Mr.M.Saravanakumar
***
ORDER
(Order of the Court was made by S.S.SUNDAR, J.) This Writ Petition is filed for issuance of a Writ of Mandamus to direct the official respondents concerned to remove the encroachment made by the 9th respondent who newly formed a road and trying to use the same as his own road on the “Idayanendhal Orani” in Kalianagari Village, Thiruvadanai Taluk, Ramanathapuram District. 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2355 of 2018
2.When the matter is taken up for hearing, the learned Special Government Pleader, on instructions from the revenue department, submits that no encroachment is found in the subject land, as alleged by the petitioner. The statement of the learned Special Government Pleader, is recorded.
3.In view of stand taken by the learned Special Government Pleader on instructions from the revenue officials, this Court is not inclined to entertain this Writ Petition. However, it is open to the petitioner to approach the Civil Court, in case the petitioner has right under common law.
4.Recording statement of the learned Special Government Pleader, this Writ Petition is dismissed for want of merits. However, the revenue officials are directed to ensure that every water body is available with full extent and maintained as water body for the public purpose. No costs. Consequently, connected miscellaneous petition is closed.
[S.S.S.R., J.] [S.S.Y., J.]
24.08.2022
Index : Yes / No
cmr
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https://www.mhc.tn.gov.in/judis W.P.(MD)No.2355 of 2018 To
1.The Chief Secretary to the Government, Government of Tamil Nadu, Secretariat, Chennai – 09.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
4.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.
5.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
6.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.
7.The Director, Department of Environment, 1st Floor, Panagal Maligai, Saidapet, Chennai – 600 015.
8.The Assistant Director, Fisheries Department, Ramanathapuram. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2355 of 2018 S.S.SUNDAR, J.
and S.SRIMATHY, J.
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