Writ petition sought removal of an alleged encroaching temple structure on the Pudhukulam lake water channel and restoration of land. A status report by the Water Resource Department stated the site was patta land with no encroachment on the waterway. Recording this report, the court dismissed the writ petition.
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W.P.No.15536 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2024
CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and
THE HONOURABLE MR.JUSTICE P.B. BALAJI
W.P.No.15536 of 2024
and WMP.No.16896 of 2024
Mrs.Ranjani Balasundaram ..Petitioner
Vs
1
W.P.No.15536 of 2024
6.The Revenue Divisional Officer (South), State Bank Road, Coimbatore-641 018.
7.R.Sarojini
..Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus calling for the records of the letter of 3rd respondent vide 4237/2023 dated 25.11.2023, quash the same, consequently directing the 1st respondent herein to remove the superstructure erected by the 7th respondent amidst Pudhukulam Lake Water Channel (Vaikaal) in S.F.No.377 of East Chithiraichavadi Village adjacent East West Road and consequently, restore the lands to the original condition as per the revenue records of the 6th respondent.
For Petitioner : M/s.Narmada Sampath For Respondents : Mr.Karthik Jagannath Government Advocate for R1, R2, R4 to R6
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This Writ Petition has been filed challenging the letter of the third
respondent, vide 4237/2023 dated 25.11.2023 and consequently directing
the first respondent to remove the superstructure erected by the sixth respondent amidst Pudhukulam Lake Water Channel (Vaikaal) in S.F.No.377 of East Chithiraichavadi Village adjacent East West Road and consequently, restore the lands to the original condition as per the revenue records of the sixth respondent.
2
W.P.No.15536 of 2024
Advocate has drawn the attention of this Court to the status report dated
12.08.2024 filed by the fourth respondent informing as under:
“3. It is submitted that, in this regard conducted a site inspection with the Revenue Department officials, the petitioner has identified the specific SF.No.377 as sub division under Revenue Records and SF.No.377/4 is known in the classification as patta land.
4. It is submitted that, moreover it is known that the said temple has been built and SF.No.377/4 has nothing to do with the waterway of Pudukulam which has been given by the petitioner's affidavit. It is also ensured that there is no encroachment on waterways.”
Consequently, connected miscellaneous petition is also dismissed.
[ D.K.K., A.CJ.] [P.B.B.J.] 20.08.2024
Internet: Yes/No Index : Yes/No Jvm
3
W.P.No.15536 of 2024
THE HON'BLE ACTING CHIEF JUSTICE
and
P.B. BALAJI, J.
Jvm
To
W.P.No.15536 of 2024
20.08.2024
4
1 issue framed by the court
Whether a temple structure in S.F.No.377/4 encroached upon the Pudhukulam Lake water channel (Vaikaal), warranting quashing of the third respondent's letter and removal of the superstructure.
1 provisions across 1 enactments
Mrs.Ranjani Balasundaram
The District Collector, Coimbatore Collectorate
The Tahsildar, Perur Taluk
The Executive Engineer, TANGEDCO
The Executive Engineer, Water Resource Department, Bhavani Sagar
R.Sarojini
D.Krishnakumar
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
