Dismissed

Logasundaran v. the District Collecdtor

Madras HC22 Aug 2024CRP/2701/2024

Case brief

AI extract

What is this about?

The Madras High Court dismissed a Civil Revision Petition challenging a notice under the Tamil Nadu Protection of Tanks Act. The Court held that amendment seeking to challenge PWD proceedings is barred by specific legislative provisions. The petitioner was granted liberty to file a writ petition in the appropriate forum.

What did the court decide?

Liberty granted to withdraw the Civil Revision Petition with liberty to file a Writ Petition to challenge the notice issued by PWD.

Logasundaran Vs the District Collecdtor — Public Procurement and Tenders | Madras HC (2024)

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C.R.P.(PD).No.2701 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.08.2024

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Coram

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THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

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C.R.P.(PD).No.2701 of 2024 & C.M.P.No.14241 of 2024

Logasundaran

... Petitioner

-Versus-

The District Collector O/o The District Collector Office

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Dharmapuri 636 705.

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The District Revenue Officer O/o The Revenue Office Collectorate Compound, Dharmapuri 636 705.

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The Regional Divisional Officer O/o The RDO, Old District Court Complex Dharmapuri 636701.

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The Tahsildar

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O/o The Tahsidar cum executive Magistrate Tahsildar Office, Dharmapuri, Salaivenayagarkoil Street Dharmapuri 636 701.

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The Revenue Inspector O/o Revenue Inspector, Krishnagiri Main Road near Rotary Hall, Dharmapuri 636 701.

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Village Administrative Officer, O/o The Village Administrative Office A.Reddihalli Village, Sogathur Post

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https://www.mhc.tn.gov.in/judis

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Dharmapuri 636 809.

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The PResident, Sogathur Village, Panchayat O/o. Panchayat Board Pappinaickanahalli Dharmapuri 636 809.

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The Superintendent Engineer, WRO O/o, Superintendent Engineer Virupatchipuram, Dharmapuri 636701.

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Executive Engineer, WRO O/o, Superintendent Engineer Virupatchipuram, Dharmapuri 636701.

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Assistant Engineer, WRO O/o, Superintendent Engineer Virupatchipuram, Dharmapuri 636701.

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Superintendent Engineer (Electricity) Tamilnadu Generation and Distribution Corp.Ltd. O/o, Superintendent Engineer Opp. To Regional Transport Office Dharmapuri 636 706.

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Executive Engineer (Electricity) Tamilnadu Generation and Distribution Corp.Ltd. O/o, Executive Engineer Opp. To Regional Transport Office Dharmapuri 636706.

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Assistant Engineer (Electricity) Tamilnadu Generation and Distribution Corp.Ltd. O/o, Assistant Engineer office Salaivinayagar Koill Road, Dharmapuri 636701.

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The Superintendent Of Police,

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C.R.P.(PD).No.2701 of 2024

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O/o Superintendent of Police, Dharmapuri 636705.

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The Deputy Superintendent of Police O/o Superintendent of Police, Dharmapuri 636701.

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The Inspector of Police B-1, Police Station, Dharmapuri Town Dharmapuri 636 701.

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... Respondents

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the Judgement and Decree dated 23.03.2024 in I.A No. 468 /2023 in O.S. No. 107/2020 on the file of District Munsif, Dharmapuri.

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For the Petitioner : Mr.P.Vasudevan

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For the Respondents : Mr.C.Sathish for RR1 to 10 and 14 to 16

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ORDER

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This Civil Revision Petition arises against the order dated 23.03.2024 in I.A No. 468 /2023 in O.S. No. 107/2020 on the file of District Munsif, Dharmapuri, seeking for an amendment to challenge the proceedings that has been initiated by the Water Resources Organisation of the PWD Department.

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The Water Resources Organisation has issued a notice invoking the

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C.R.P.(PD).No.2701 of 2024

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provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

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The remedy for a person to challenge a proceedings under the said Act is by way of a Writ Petition before this Court.

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Mr.P.Vasudevan would contend that the notice has been issued for the

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property, which is 8 kms away from the tank. I am certain that this plea can be raised before the Writ Court and be substantiated therein.

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In the light of the specific bar under Section 14 of the Tamil Nadu Land Encroachment Act, 1905, as well as Section 9 of the Protection of Tanks and Eviction of Encroachment Act, 2007, I am unable to accede to the request of Mr.P.Vasudevan to grant amendment in the suit.

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At this stage, Mr.P.Vasudevan requested permission of this Court to withdraw this revision with liberty to challenge the notice issued by the PWD before the Writ Court. He has also made an endorsement seeking for withdrawal with liberty.

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C.R.P.(PD).No.2701 of 2024

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Liberty is granted. Accordingly, this Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

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22.08.2024

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Jer

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Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order

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The District Munsif, Dharmapuri.

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