Madras High Court
R.M.Venkatraman vs The District Collector on 15 June, 2023
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P(MD)No.8634 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD)No.8634 of 2023
R.M.Venkatraman ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District.
Tirunelveli.
2.The Special Tahsildr (Land Acquisition),
Interlinking of Rivers,
Ambsamudram Unit-1,
Chernmahadevi,
Tirunelveli District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to permit the petitioner to
utilize the waste stored in petitioners land in S.Nos. 430/1A2, 430/1B2, 430/2,
428/1, 429/1, 434/1, 425/3, 425/4B, 430/1A1, 430/1B1, 425/2, 425/1B in South
Veeravanallur Village, Ambasamudram Taluk, Tirunelveli District for levelling
or in the alternative direct the respondents to pay the compensation or rent for
the period during which the sand and stone has been stored in the petitioners
lands within a stipulated time to be fixed by this Court.
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.8634 of 2023
For Petitioners : Mr.S.Packiya Muthu
For R1 and R2 : Mr.N.Muthuvijayan
Special Government Pleader
ORDER
The writ petition has been filed in the nature of mandamus seeking the petitioner to utilize the waste stored in the land of the petitioner in survey nos. 430/1A2, 430/1B2, 428/1, 430/2, 429/1, 434/1, 425/3, 425/4B, 430/1A1, 430/1B1, 425/1B and 425/2 at South Veeravanallur Village II, Cheranmahadevi Taluk, Tirunelveli District.
2. It is stated that the respondent had dumped excavated materials of the project of excavation of Flood Carrier Canal from Kannadian channel to drought prone area of Thisayanvilai, Sathankulam by interlinking Thamiraparani, Karumeniyar and Nambiyar river in Tirunelveli and Thoothukudi Distirct. This project of excavation would only reduce salt water intrusion and improving ground water table. Excavation work was done and excavation materials were dumped in and around the area in the land acquired for the project. The petitioner purchased the aforementioned land on 17.10.2020. Some dumped surplus salt material still remain. https://www.mhc.tn.gov.in/judis 2/4 W.P(MD)No.8634 of 2023
3. In the counter affidavit filed by the Executive Engineer WRD., Special Project Division, Tirunelveli, it had been stated that the materials dumped will be removed within six months.
4. A direction is given that the materials may be removed on or before 31.12.2023 and the petitioner may be handed over the vacant land. This writ petition stands closed. No costs.
15.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
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To
1.The District Collector, Tirunelveli District. Tirunelveli.
2.The Special Tahsildr (Land Acquisition), Interlinking of Rivers, Ambsamudram Unit-1, Chernmahadevi, Tirunelveli District. https://www.mhc.tn.gov.in/judis 3/4 W.P(MD)No.8634 of 2023 C.V.KARTHIKEYAN, J.
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