Petitioner filed a writ petition seeking quashing of an eviction notice issued against him regarding a water body. The Court dismissed the petition without interference as the notice was valid, directing authorities to pursue removal of encroachment via due process.
Writ Petition dismissed; No costs; Connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.355 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.355 of 2023 and W.M.P.(MD)No.336 of 2023
Ranjith Kumar
... Petitioner
-Vs-
1.The District Collector, Karur District, Karur.
3.The Assistant Engineer, WRD, Amaravathy Basin Section-1, Karur District. ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice passed by the third respondent vide his proceedings in Page 1 of 4
W.P.(MD) No.355 of 2023
Form-III, (See Sub-Rule(1) of Rule-6), dated 14.12.2022 and quash the same as illegal and for other reliefs and consequently, direct the respondents 2 and 3 to survey the property in Survey No.152, situated at L.N.S.Village, Karur Taluk, Karur District.
For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.]
Challenging the eviction notice dated 14.12.2022 issued by the 3rd
respondent, this Writ Petition is filed with a consequential direction to direct the respondents 2 and 3 to survey the property in Survey No.152, situated at L.N.S.Village, Karur Taluk, Karur District.
2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3.Mr.K.Balasubramani, learned Special Government Pleader, who takes notice for the respondents, on instructions, submits that the property in
Page 2 of 4
W.P.(MD) No.355 of 2023
Survey No.154/5A, situated at L.N.S.Village, Karur Taluk, Karur District belongs to the petitioner, whereas the impugned eviction notice has been issued only in respect of Survey No.152, which is classified as water body and encroached by the petitioner. He further submits that the respondents will not take any eviction proceedings in respect of Survey No.154/5A.
4.In view of the above, we are of the view that the impugned eviction notice dated 14.12.2022, issued by the 3 rd respondent does not warrant any interference. Therefore, this Writ Petition stands dismissed. It is for the respondents to take action for removal of the encroachment in the water body in
question by following due process of law. No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] & [R.V., J.] 09.01.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No MYR
Page 3 of 4
W.P.(MD) No.355 of 2023
D.KRISHNAKUMAR, J.
AND
R.VIJAYAKUMAR , J.
MYR
To
W.P.(MD)No.355 of 2023
09.01.2023
Page 4 of 4
1 issue framed by the court
Whether the eviction notice dated 14.12.2022 issued by the Assistant Engineer warranted interference by the High Court under Article 226 of the Constitution.
1 provisions across 1 enactments
Ranjith Kumar
The District Collector, Karur District, Karur
The Executive Engineer, WRD, Amaravathy basin Section-1, Karur District
The Assistant Engineer, WRD, Amaravathy Basin Section-1, Karur District
D. Krishna Kumar
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
