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Madras High Court

T.Nagalakshmi vs The District Collector on 9 February, 2023

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                          W.P(MD)No.2580 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 09.02.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            W.P(MD)No.2580 of 2023


                T.Nagalakshmi                                        ... Petitioner


                                                     Vs

                1.The District Collector,
                  Sivaganga District.

                2.The Tahsildar,
                  Kalayarkovil Taluk,
                  Sivaganga District.

                3.The Firka Surveyor,
                  Kalayarkovil Taluk,
                  Sivaganga District.

                4.The Block Development Officer,
                  Kalayarkovil Panchayat Union,
                  Sivaganga District.

                5.The President,
                  Ealanthakari Village Panchayat,
                  Kalayarkovil Union,
                  Sivaganga District.                                ... Respondents


                Prayer: Writ Petition filed under Article 226 of the Constitution of India
                praying to issue a Writ of Mandamus, to direct the respondents to remove the

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                                                                                W.P(MD)No.2580 of 2023


                bath tank and Sintex tank made by the fifth respondent in the petitioner's
                Natham house site measuring 1 1/2 cents in S.No. 265/16, in Silukkapatti
                Group, Kalayarkovil Taluk, Sivaganga District, by disposing the petitioner's
                representation dated 05.12.2022, within a time to be fixed by this Court.


                                      For Petitioner     : Mr.R.Suriyanarayanan
                                      For Respondents : Mr.A.K.Manikkam
                                                        Special Government Pleader
                                                        for R.1 to R.3

                                                           Mr.N.Muthuvijayan
                                                           Special Government Pleader
                                                           for R.4 & R.5

                                                       ORDER

Heard the learned counsel on either side.

2.The petitioner wants this Court to direct the respondents to remove the petition mentioned bath tank and sintax tank. According to him, they have been located in his land.

3.When the matter was taken up for hearing, the learned counsel appearing for the respondents submitted that survey was already done on 16.09.2022. It was revealed that the petition mentioned tanks are installed in the land earmarked as “oorani”.

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4.If that be so, the second respondent is directed to pass speaking order on the petitioner's representation and communicate the same to the petitioner.

After receipt of the same, it is open to the petitioner to move the jurisdictional civil Court for appropriate relief. With this direction to the second respondent and liberty to the writ petitioner, this writ petition is disposed of. There shall be no order as to costs.

09.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To

1.The District Collector, Sivaganga District.

2.The Tahsildar, Kalayarkovil Taluk, Sivaganga District.

3.The Firka Surveyor, Kalayarkovil Taluk, Sivaganga District.

4.The Block Development Officer, Kalayarkovil Panchayat Union, Sivaganga District.

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MGA

5.The President, Ealanthakari Village Panchayat, Kalayarkovil Union, Sivaganga District.

W.P(MD)No.2580 of 2023

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