NAGERCOIL PERUMALKULAM MUNNAL PURAVU LAND OWNERS ASSOCIATION Vs. DISTRICT COLLECTOR KANYAKUMARI AT NAGERCOIL

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THIS writ petition has been filed by the Nagercoil Perumalkulam Munnal Puravu Land Owners Association. The petitioner Association has filed the present writ petition, praying for a writ of mandamus, to direct the respondents to take suitable and effective steps to remove the encroachment in S.No.13/1, Ward E, Block No.11, as per the detailed development Plan No.XXIII, Map No.4 and 5, Nagercoil Local Planning area and to keep the Odai as a public drainage canal.

(3.) EVEN though no counter affidavit has been filed, the learned counsel appearing on behalf of the respondents had stated that since the existing Anna Bus stand in Nagercoil Town was established in the year 1955, and as it was inadequate to meet the growing vehicular traffic there were demands for a more convenient place to locate the bus stand. Therefore, the Nagercoil Municipality had made a project for the Construction of Vadasery Christopher Bus Stand to serve the requirements as a moffusil bus stand, with adequate infrastructural facilities to cope up with the present as well as the future needs. Therefore, an extent of 9.32 acres of land in Perumalkulam Tank Poramboke, was identified as a suitable location for the construction of a new bus stand. A Government Order in G.O.No.807, Revenue, dated 16.6.89, had been issued to alienate 9.32 acres of Kulam Poramboke in T.S.No.E-11/2-2, to the Nagercoil Municipality. The Perumalkulam Tank which was having an ayacut had been converted into housing plots by the land owners. Since no cultivation was being done by the agriculturists, the permission was granted for the construction of a new bus stand in the said area.