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Madras High CourtWP/5358/2014disposed of

M.Ammasi, v. The District Collector,

2016-11-21Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.5358 of 2014 and M.P.No.1 of 2014 M.Ammasi .. Petitioner -vs1.The District Collector, Villupuram District, Villupuram.

2.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.The Tahsildar, Kallakurichi, Villupuram District.

4.The Assistant Executive Engineer, Water Resources Organization, Public Works Department, Kallakurichi.

5.K.Varadhan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 4 to restore the water course, i.e. 'Field Channel' passes in between the petitioner land in survey Nos.307/5, 6, 7, 12 and 19 and through 307/10, 308/17 and 309/7 in Malaikottalam village, Kallakurichi Taluk, Villupuram District, which has been encroached by blocking and levelling up by the 5th respondent as to convert the same into a pathway. For Petitioner :

Mr.S.Rajendiran For Respondents :

Mr.T.N.Rajagopalan, Spl.G.P. For RR 1 to 4 :

No appearance for R-5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the petitioner clarifies that the allegation against the fifth private respondent is only in respect of Survey No.307/10 of Malaikottalam Village, Kallakurichi Taluk, Villupuram District, which is stated to be an irrigation channel.

2.In view of the aforesaid, the third and fourth respondents to cause an inspection to be made of the area within fifteen

(15) days of the receipt of this order and in case any encroachment is found, to take action in accordance with law, after notice to all concerned, within a period of three (3) months of the said inspection.

3.Writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2014 stands closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Villupuram District, Villupuram.

2.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.The Tahsildar, Kallakurichi, Villupuram District.

4.The Assistant Executive Engineer, Water Resources Organization, Public Works Department, Kallakurichi.

+1cc to Mr.S. Rajendran, Advocate, S.R.No.67729 nri(CO) md(30/11/2016) W.P.No.5358 of 2014