Ganesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.9760 & 8415 of 2023 and W.M.P(MD)Nos.8594 & 7741 of 2023 W.P(MD)No.9760 of 2023: Ganesan ... Petitioner

Vs.

3.The Inspector of Police, Manur Police Station, Manoor,

4.The President, Vannikonenthal Panchayat, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, direction forbearing respondents from putting up any construction in the water body situated in S.No.724/1 of Mesiyapuram, Vannikonenthal Panchayat, Tirunelveli District and also consequently direct the fourth respondent to restore the Viruvittankulam Taluk to its Original Position. For Petitioner : Mr.T.Balaji For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader

for R.1 to R.3

Mr.C.Senthilmurugan for R.4 W.P(MD)No.8415 of 2023: Rukmani ... Petitioner

Vs. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, direction forbearing respondents from putting up public toilets in Viruvittankulam tank is situated in 724/1A of Mesiyapuram, Vannikonenthal Panchayat, Tirunelveli District. For Petitioner : Mr.R.Murali For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader

COMMON ORDER Heard the learned counsel appearing for the writ petitioner, the learned Additional Advocate General appearing for the official respondents and the learned counsel appearing for the local body.

¶2The petitioner alleges that a public toilet is being put up in the petition mentioned survey number which has been classified as water body.

¶3The stand of the revenue authorities appeared to be that a portion of the said survey number has been classified as "Natham" and another portion has been classified as "Burial ground". We perused the original classification of the petition mentioned survey number in the A-Register. It is seen that Survey No.724/1 of Mesiyapuram has been classified as "Viruvittankulam". When the original character of the land is tank, it cannot be obliterated. The Writ of Mandamus sought for is granted. If any construction has been put up, it shall be removed forthwith and without any delay.

¶4These writ petitions are allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S., J.] [B.P., J.]

09.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To

3.The Inspector of Police, Manur Police Station, Manoor, W.P.(MD)Nos.9760o&o8415oofo2023 G.R.SWAMINATHAN,oJ oandoo B.PUGALENDHI,oJ. MGA W.P(MD)Nos.9760o&o8415oofo2023 and W.M.P(MD)Nos.8594o&o7741oofo2023

09.08.2023