C.Sivakumar, v. Goernment Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2017
CORAM
THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.6570 of 2017 C.Sivakumar .. Petitioner Vs.
1 Government of Tamilnadu Rep. by its Secretary to Government Public Works Department Chennai - 600 009.
2 Government of Tamil Nadu Rep. by its Secretary to Government Revenue Department Chennai - 600 009.
3 The District collector Tiruppur District, Tiruppur.
4 The Revenue Divisional Officer Udumalpet Taluk, Tiruppur District.
5 The Tahsildhar Udumalpet Taluk, Tiruppur District.
6 The Executive Engineer PWD, PAP Tirumurthi Division Udumalpet, Tiruppur District.
7 K.Dayananthan 8 G.Jeganathan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 to 6 to take necessary steps to
remove all types of encroachments made in "Plan Mark Vakil" situated in Survey Nos.267/D2, 267/C2, 267/B, 267/A, 268 and 613 at Vadapoothinatham Village, Udumalpet Taluk, Tiruppur District in the light of the G.O.Ms.No.540, Revenue (Ld6(2)) Department, dated 04.12.2014 within a stipulated time. For Petitioner : Mr.A.Esakkiappan For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 6
ORDER
(Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for the respondents 1 to 6.
2. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing respondents 1 to 6 to take necessary steps to remove all types of encroachments made in "Plan Mark Vakil" situated in Survey Nos.267/D2, 267/C2, 267/B, 267/A, 268 and 613 at Vadapoothinatham Village, Udumalpet Taluk, Tiruppur District in the light of the G.O.Ms.No.540, Revenue (Ld6(2)) Department, dated 04.12.2014 within a stipulated time.
3. The petitioner is an agriculturist and he uses water from Periyakulam Tank. It is his allegation that the eighth respondent has put up encroachments in the water body. It is his plea that despite several representations made to the respondent authorities to remove the encroachments in "Plan Mark Vakil" in the light of G.O.Ms.No.540, dated 4.12.2014, no action has been taken till date. Hence, the present writ petition.
4. Taking note of the fact that on the larger issue of removal of encroachments on water body, this Court in W.P.No.36135 of 2015 has already issued various directions to the District Collectors of various Districts and has also appointed an Amicus Curiae and constituted a Committee, which is overseeing and regulating the issue, we are of the view that the said Committee shall take care of the situation and no separate orders are required in this writ petition.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi To 1 The Secretary to Government Government of Tamilnadu Public Works Department Chennai - 600 009.
2 The Secretary to Government Government of Tamil Nadu Revenue Department Chennai - 600 009.
3 The District collector Tiruppur District, Tiruppur.
4 The Revenue Divisional Officer Udumalpet Taluk, Tiruppur District.
5 The Tahsildhar Udumalpet Taluk, Tiruppur District.
6 The Executive Engineer PWD, PAP Tirumurthi Division Udumalpet, Tiruppur District.
+1cc to Mr.Esakkiappan, Advocate, S.R.No.16963 +1cc to the Government Pleader, S.R.No.17045 W.P.No.6570 of 2017 NRJK(CO) RS(05/04/2017)