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Madras High CourtWP/20535/2018disposed of

S.Periasamy, v. The District Collector,

2023-08-18Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.Nos.24147 and 24148 of 2018 1.S.Periasamy 2.S.Mahendran ..Petitioners -vs1.The District Collector Namakkal District Namakkal.

2.The Executive Engineer Sarabanga River Basin Public Works Department Namakkal.

3.The Project Director Rural Development Office of the District Collector Namakkal.

4.The Block Development Officer Rasipuram Panchayat Union Aathur Main Road Rasipuram - 637 408.

5.The Tahsildar Taluk Office

Athur Main Road Rasipuram - 637408.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from constructing any check dam across Bodamalai Perumbali Elukombai water stream and further direct the respondents to remove the encroachments from Bodamalai Perumbali Elukombai water stream. For the Petitioners :

Mr.M.Muthappan For the Respondents :

Mrs.R.Anitha, SGP (RR1,2,3 & 5) Mr.V.Kadhirvelu (R4)

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.M.Muthappan, learned counsel for the petitioners; Mrs.R.Anitha, learned Special Government Pleader for respondents 1,2,3 and 5; and Mr.V.Kadhirvelu, learned counsel for the fourth respondent.

2. Learned Special Government Pleader submits that an inspection/survey would be conducted by the authorities and in case encroachment is found, then, further steps would be undertaken.

3. In view of the same, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.24148 of 2018 is closed.

(S.V.G., CJ.) (P.D.A., J.) 18.08.2023 Index : yes/no : Yes/No Maya To:

1.The District Collector Namakkal District Namakkal.

2.The Executive Engineer Sarabanga River Basin Public Works Department Namakkal.

3.The Project Director Rural Development Office of the District Collector Namakkal.

4.The Block Development Officer Rasipuram Panchayat Union Aathur Main Road Rasipuram - 637 408.

5.The Tahsildar Taluk Office Athur Main Road Rasipuram - 637408.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(Maya) 18.08.2023