Madras High CourtWP/2069/2021disposed of

V.Anantkrishnan v. The Union Territory Of Puducherry Rep By Its

2024-10-14Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY V.Anantkrishnan : Petitioner versus 1.The Union Territory of Pudcherry, rep. By the Commissioner, Mannadipet Commune Panchayat, Thirubuvanai, Puducherry 605 107 2.The Executive Engineer (Irrigation) Public Works Department, Suffren Street, Puducherry 605 001 3.The Deputy Collector (South) Villianur, Puducherry 605 110 4.The Directorate of Land and Survey Records, Saram, Puducherry 605 013.

5.Nachiyammal 6.Koattaiammal 7.Purushothaman : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the official respondents to take effective measures to remove the encroachment made by respondents 5 to 7 and subsequently take appropriate action to restore the irrigation channel.

For Petitioner :

Mr.V.S.Senthil Kumar For Respondents 1 to 4 :

Mr.S.Ravee Kumar, Government Pleader (Puducherry) assisted by Mr.V.Vasanthakukmar, A.G.P. (Puducherry) For Respondents 5 to 7 :

Mr.S.Doraisamy

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petition is to remove the encroachments made by respondents 5 to 7 and restore the irrigation channel.

2. Mr.S.Ravee Kumar, Government Pleader (Puducherry), states that even petitioner has encroached in some part. Counsel for petitioner states that he is not really an encroacher but has only put-up a pole. At the same time, counsel states that petitioner shall fully cooperate to remove any encroachment allegedly made by petitioner.

3. Likewise, Mr.S.Doraisamy, counsel appearing for respondents 5 to 7, makes a statement that those respondents shall also cooperate with the authorities in removing the encroachments.

4. Mr.Ravee Kumar states that the authorities will take action forthwith to remove the encroachments of petitioner and respondents 5 to 7; and forthwith means, within one week from today.

5. As regards restoring the channel, in the light of what is recorded in the order dated 05.07.2024, Mr.Ravee Kumar states that six months will be required to complete the process.

6. Petition accordingly disposed of. There will be no order as to costs.

(K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 14.10.2024

Index : Yes/No : Yes/No tar

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY , J.

(tar) To 1.The Commissioner, Mannadipet Commune Panchayat, Thirubuvanai, Puducherry 605 107 2.The Executive Engineer (Irrigation) Public Works Department, Suffren Street, Puducherry 605 001 3.The Deputy Collector (South) Villianur, Puducherry 605 110 4.The Directorate of Land and Survey Records, Saram, Puducherry 605 013.

14.10.2024