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2025 DAILYLAW 146987 (MAD)

Amirthakumar v. The Assistant Executive Engineer

WP(MD)/17850/2025 · 2025-07-03

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.17850 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.17850 of 2025 and W.M.P(MD)No.13660 of 2025 Amirthakumar ... Petitioner Vs. 1.The Assistant Executive Engineer, Water Resources Department, Vadankkankulam, Tirunelveli District. 2.The Tahsildar, Radhapuram Taluk, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the proceedings of the first respondent made in proceedings in Order No.Ko15/132/2025, dated 10.06.2025 and quash the same. 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.17850 of 2025 For Petitioner : Mr.S.Premkumar For Respondents : Mr.N.Ramesh Arumugam Government Advocate ORDER Heard both sides. 2.The petitioner challenges the impugned Form – 3 notice on the ground set out in the affidavit filed in support of the writ petition. 3.We had a look at the A-Register. It is seen therefrom that Survey No.932/2, Perungudi has been shown as a “water body” (Vadakkankulam). The petitioner does not challenge the said classification. The stand of the petitioner is that he has constructed a house in Survey No.934/17A. We make it clear that while it is open to the respondents to proceed to enforcement of the impugned Form – 3 notice in respect of Survey No.932/2, they shall not touch the petitioner's patta land in Survey No.934/17A. We also direct the respondents to ensure that all the encroachments in Survey No.932/2 are cleared. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.17850 of 2025 4.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 03.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Assistant Executive Engineer, Water Resources Department, Vadankkankulam, Tirunelveli District. 2.The Tahsildar, Radhapuram Taluk, Tirunelveli District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.17850 of 2025 G.R.SWAMINATHAN, J and B.PUGALENDHI, J. MGA W.P(MD)No.17850 of 2025 03.07.2025 4/4 https://www.mhc.tn.gov.in/judis