SEKAR REPORTER

Court News from Madras High Court

Nagoor darga tank case W.P.No.18935 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.09.2021 CORAM : THE HON’BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.18935 of 2021 and W.M.P.No.20207 of 2021 S.Saha Syed Sahib .. Petitioner Vs. 1. Chief Secretary,

by ·

[9/10, 17:57] Sekarreporter: W.P.No.18935 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2021
CORAM :
THE HON’BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.18935 of 2021
and W.M.P.No.20207 of 2021
S.Saha Syed Sahib .. Petitioner
Vs.
1. Chief Secretary,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai 600 009.
2. District Collector,
Nagapattinam 611 002.
3. Janab A Alavutheen
4. Janab M F Akbar
5. The Manager,
Rep. by Mr.Jababar Hussain,
Nagore Dargha, Nagore 611 002. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus calling for the records in relation to
the modification and awarding of contract with regard to the Shifa
Gunta (Holy tank) and direct the respondents to take appropriate
actions to prevent the destruction and deterioration of Shifa Gunta (a
holy water tank of Nagore Dargah) caused by the shrinking of its
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
[9/10, 17:58] Sekarreporter: W.P.No.18935 of 2021
boundaries in its north, east and south sides for the purpose of
widening the existing municipal roads surrounding the holy tank of
Nagare Dargha and order the restoration of same.
For the Petitioner : Mr.Prakash Venkataramani
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for RR 1 and 2
* * * * *
ORDER
(Order of the Court was made by The Hon’ble Chief Justice)
The grievance of the petitioner is that a waterbody by the name
“Shifa Kunta” in Nagapattinam Taluk of Nagapattinam District has been
encroached and the area once occupied by the waterbody has shrunk
considerably in recent times.
2. In repeated orders, this Court has appealed to all government
officials to ensure that the waterbodies and forests that remain in the
State are not destroyed or reduced in area any further.
3. Mr.P.Muthukumar, learned State Government Pleader takes
notice on behalf of respondent Nos. 1 and 2. He submits that the
__________
Page 2 of 5
https://www.mhc.tn.gov.in/judis/
[9/10, 17:58] Sekarreporter: W.P.No.18935 of 2021
Tahsildar of Nagapattinam Taluk would be the appropriate authority to
look into the matter.
4. Accordingly, W.P.No.18935 of 2021 is disposed of by
permitting the petitioner to carry a fresh, detailed representation
pertaining to the matters complained of to the Tahsildar, Nagapattinam
Taluk within a fortnight from date. The concerned Tahsildar will
inquire into the matter upon following the procedure established by
law and issuing notice to any encroachers found to be squatting in or
around the waterbody. The Tahsildar should make every endeavour to
ensure that the waterbody is returned to its pristine form and shape.
At any rate, the Tahsildar should undertake to forward his reasoned
decision in the matter to the petitioner and others affected thereby
within twelve weeks of the receipt of the petitioner’s written
representation.
5. It is made clear that the allegation of encroachment has not
been gone into and it will be for the Tahsildar to ascertain facts before
taking action in accordance with law.
__________
Page 3 of 5
https://www.mhc.tn.gov.in/judis/

You may also like...