K.Muthialu v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.10234 of 2017 K.Muthialu .. Petitioner Vs.
1. The State of Tamil Nadu, Represented by Secretary to Government, Revenue Department, Fort St.George, Chennai-600 009.
2. The District Collector, Thiruvannamalai.
3. The Executive Engineer, Public Works Department, Central Penniyar Division, Thiruvannamalai-606 603.
4. The Assistant Executive Engineer, Public Works Department, WRO, Central Penniyar Division, Cheyyar, Thiruvannamalai Dist. - 604 407.
5. The Tahsildar, Vandavasi Taluk, Thiruvannamalai District-604 408.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 2 to 5 to restore the water channel passing through S.Nos.226, 228, 229, 244, 237, 238, 239 and 242 in Veliambakkam Village, Vandavasi Taluk from Veliambakkam big lake after removing the encroachment as per judgment and decree of the Court of the Additional District Munsif, Arni, dated 08.04.1993 passed in O.S.No.930 of 1986 and as per letter No.FC13/474/2016, dated 22.07.2016 written by the fourth respondent to the second respondent enclosing proposal from the fourth respondent.
For petitioner : No appearance For respondents: Mr.A.N.Thambidurai, Spl.G.P.
ORDER
(The Order of the Court was made by M.Venugopal, J) There is no appearance for the petitioner. It is represented by the learned Special Government Pleader appearing for the respondents that the water channel passing through S.Nos.226, 228, 229, 244, 237, 238, 239 and 242 in Veliambakkam Village, Vandavasi Taluk from Veliambakkam big lake, is restored as per the status report filed by the fifth respondent.
2. In view of the above and considering the teeth of the judgment and decree dated 08.04.1993 passed in O.S.No.930 of 1986 on the file of the Additional District Munsif Court, Arni, this Court closes the Writ Petition, as nothing survives for further adjudication. Further, this Court also directs the respondents to monitor periodically by visiting the site in question, once in a month and ensure that in future, once again there shall not be any encroachment in regard to the said water channel passing through the aforesaid Survey Numbers.
3. With the above observations and direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar cs
To
1. The Secretary to Government, State of Tamil Nadu Revenue Department, Fort St.George, Chennai-600 009.
2. The District Collector, Thiruvannamalai.
3. The Executive Engineer, Public Works Department, Central Penniyar Division, Thiruvannamalai-606 603.
4. The Assistant Executive Engineer, Public Works Department, WRO, Central Penniyar Division, Cheyyar, Thiruvannamalai Dist. - 604 407.
5. The Tahsildar, Vandavasi Taluk, Thiruvannamalai District-604 408.
+ 1 cc to the Government Pleader Sr.2983 + 1 cc to MR. S. Baskaran, Advocate Sr.3240 W.P.No.10234 of 2017 BR(CO) EU 8.2.18