Writ petition filed to utilize waste stone and sand stored on acquired lands or claim compensation for debris dumped during a river inter-linking project. The High Court directed the respondents to clear the land within two weeks.
Respondents directed to remove the mud and debris from the petitioner's land within two weeks from the receipt of this order.
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.23716 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2024
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
W.P.(MD) No.23716 of 2024
1.Nambi Konar
3.Enamuthu ... Petitioners
/vs./
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to permit the petitioner to utilize the waste stone and sand stored in petitioner's land in S.No.428/2B, 428/3, 429, 430/1 situated in Pathamadai village, Cheranmahadevi 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 petitioner lands within a stipulated time to be fixed by this Court.
For Petitioner : Mr.S.Packiya Muthu
For Respondents : Mr.B.Saravanan Additional Government Pleader
ORDER
The above writ petition has been filed for the issue of a Writ of Mandamus to permit the petitioner to utilize the waste stone and sand stored in the petitioner's land in S.Nos.428/2B, 428/3, 429, 430/1 situated in Pathamadai village, Cheranmahadevi Taluk, Tirunelveli District for levelling or to direct the respondents to pay the compensation or rent for the period, during which the sand and stone has been stored in petitioner's lands.
acquired for the formation of the flood water channel by inter-linking
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Thamirabarani, Karumeniar and Nambiyar rivers. After the acquisition, they were left with an extent of 7.55 acres in their possession. The petitioners would submit that during the course of digging of the floor water channel, the sand and stones which were removed have been dumped on the patta land, which is adjacent to the acquired lands. The petitioners had requested the respondents to remove the debris on several occasions orally for which there was absolutely no response.
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or rent for the period during which the mud sand was stored. However, no action
was taken, thereby constraining the petitioner to remove the waste stored.
“ 3. I submit that the project was implemented in the year 2013
itself, however, due to the change in the regime of Government, the project was not completed in all the places. But in respect of the lands acquired in and around my properties, the project is about to
be completed since the respondents have revived the project for the past two years and during the course of digging for the Flood Water Channel, the Sand (Savudu) and Stones which was removed have been dumped in my Patta land which is situated adjacent to the acquired lands. In fact, I requested the respondents to remove the debris but did not yield any result and thus I am not in a position to do agriculture.”
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dumped. At this stage, the learned Additional Government Pleader, on instructions, would submit that the same would be removed within two weeks.
the writ petition stands disposed of with a direction to the respondents to remove the mud within a period of two weeks from the date of receipt of a copy of this order. If the same is not completely removed, it is open to the petitioners to dispose of the mud in the manner which they deem fit. It is needless to state that the petitioners shall make necessary application seeking damages for the use and occupation of the land from the date on which the mud was stored and on receipt
of such representation, if any, the respondents shall consider and dispose of the same as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.
Speaking : Yes / No 19.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No
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To
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P.T.ASHA, J.
mm
W.P.(MD) No.23716 of 2024
19.10.2024
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2 issues framed by the court
Whether the respondents are directed to remove debris stored on the petitioner's land acquired for a river inter-linking project.
Whether the petitioners are permitted to dispose of the debris if not removed by the respondents within the stipulated time.
1 provisions across 1 enactments
Nambi Konar
Perumal
Enamuthu
The District Collector, Tirunelveli District
The Special Tahsildar (Land Acquisition)
The Executive Engineer, Water Resource Department
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
