1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 18.02.2011 CORAM :: THE HONOURABLE MR. M. Y. EQBAL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE F.M.IBRAHIM KALIFULLA Writ Petition (MD)No.1880 of 2011 and M.P.(MD)No.1 of 2011 R. Ramasamy, 9, Fund Office Colony, Alagappan Nagar, Madurai - 625 003. ...... Petitioner Vs - 1. The Superintending Engineer,PWD / WRO, (Public Works Department / Water Resource Orgn), Periyar Vaigai Basin Circle, Near Meenakshi Amman Temple, Madurai - 1. 2. The Executive Engineer, PWD / WRO, (Public Works Department / Water Resource Orgn), Periyar Vaigai Basin Division, Madurai - 2. 3. Rajangam, S/o. Chockalingam, Mettu Street, Madakulam Main Road, Madakulam, Palanganatham, Madurai - 3. ....... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first and second respondents to evict the third respondent's encroachment in S.No.370/2E in Madakulam Village, Madurai as per the Tamil Nadu Government Gazette No.273 dated 01.10.2007. For Petitioner :: Mr. R. Ramasamy (Party in person) For Respondents :: Mr. R. Janakiramulu for R-1 and R-2 Special Government Pleader O R D E R (Order of the Court was delivered by THE HON'BLE THE CHIEF JUSTICE) By this writ petition in the nature of a Public Interest Litigation, the petitioner seeks Mandamus to direct first and second respondents to evict the third respondent's encroachment in S.No.370/2E in Madakulam Village, Madurai as per the Tamil Nadu Government Gazette No.273 dated 01.10.2007, which is said to be tank poromboke. 2. Prima facie, we are not satisfied with the averments made in the affidavit filed in support of this writ petition that the land in question is a tank poromboke. More over, no material has been produced in support of that. Hence, no relief can be granted to the petitioner. Hence, this Writ Petition is dismissed. There will be no order as to costs. https://hcservices.ecourts.gov.in/hcservices/ 2 Consequently, the connected M.P.(MD)No.1 of 2011 is also dismissed. However, liberty is given to the petitioner to move the concerned respondent, who is authorized to look into the matter, and to satisfy the authority that the land in question is a tank poromboke. On such a representation being filed by the petitioner, the concerned authority shall consider and deal with the same on merits and in accordance with law. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR Dpn/- To:- 1. The Superintending Engineer, PWD / WRO,(Public Works Department / Water Resource Orgn), Periyar Vaigai Basin Circle, Near Meenakshi Amman Temple, Madurai - 1. 2. The Executive Engineer, PWD / WRO, (Public Works Department / Water Resource Orgn), Periyar Vaigai Basin Division, Madurai - 2. 1CC TO MR. R. RAMASAMY, PARTY IN PERSON, SR: 9223: 1CC TO THE SPL. GOVT PLEADER SR: 9476: DM:2011:FEBRUARY:25::: W.P.(MD)No.1880 of 2011 and M.P.(MD)No.1 of 2011 18.02.2011 2P:5C:; https://hcservices.ecourts.gov.in/hcservices/