Manickasundaram v. The District Collector
2024:MHC:2597
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P.No.17273 of 2021 in Manickasundaram ... Petitioner Vs.
1.
The District Collector Erode District 2.
The Tahsildar Bhavani Erode District 3.
The Executive Engineer (PWD) Lowyer Bhavani Irrigation Division Water Resources Department Erode - 638 002 4.
The President Page Nos.1/9
18, Oricheri Panchayat Bhavani Taluk Erode District 5.
Dr.Manoharan 6.
The Revenue Divisional Officer Erode District ... Respondents [R6 suo motu impleaded vide this order] Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing Respondent No.4 to remove the encroachments made by the 5th respondent in the water course which runs through R.S.No.104/1 and 4 of Oricheri Village, Bhavani Taluk, Erode District within the time fixed by this Court by considering the petitioner's representation dated 13.12.2019.
For Petitioner :
Mr.I.C.Vasudevan For Respondents :
Mr.P.Balathandayudham Spl. Govt. Pleader for R1 to R4 & R6 No Appearance for R5
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Writ Petition' ['WP' for the sake of brevity].
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2. Captioned WP is predicated on a representation dated 13.12.2019 sent by the writ petitioner and a scanned reproduction of the same as placed before us is as follows:
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3. Mr.I.C.Vasudevan, learned counsel for writ petitioner and Mr.P.Balathandayutham, learned Special Government Pleader for R1 to R4 and R6 are before us. As regards R5, we will be putting in a safety valve infra and on this basis we are taking up the captioned WP with the consent of learned counsel for writ petitioner and learned State counsel.
4. Adverting to aforementioned representation, learned counsel for writ petitioner submits that R5 [Dr.Manoharan], who is a private respondent, has made encroachments in a water course qua R.S.No.104/1 and 4 of Oricheri Village, Bhavani Taluk, Erode District. Learned counsel submits that R5 owns private lands adjacent to the water course and is now obstructing the water course by putting up encroachments.
5. Considering the nature of the matter, we deem it appropriate to implead Revenue Divisional Officer, Erode District as 6th respondent. Registry to carry out necessary and consequential amendments in the case file before uploading of this order / before issuing certified copies.
6. We direct R6 to dispose of the aforesaid representation with the aid and assistance of R2 by making a survey / local inspection after putting all concerned on notice including R5. To be noted, this is the safety valve qua Page Nos.6/9
R5 as we are acutely conscious that the captioned WP is being disposed of when R5 is not before us. Therefore, R5 shall be show caused and we also add that all the rights / contentions of R5 are preserved when he is showcaused. We make it clear that R5 being show-caused does not necessarily mean personal hearing. Personal hearing will be entirely at the discretion of R6, if there is a need depending on the cause shown by R5. It is open to R6 to call for further inputs and/or show-cause writ petitioner also if the need arises.
7. We further direct R6 to commence and conclude the aforementioned exercise as expeditiously as the business of R6 would permit but in any event, within six weeks form today i.e., by 16.08.2024.
8. Captioned WP disposed of with the aforementioned observations and directives. No costs.
(M.S.,J.) (K.G.T.,J.) 05.07.2024 Index : Yes / No Speaking / Non-speaking order gpa Page Nos.7/9
To 1.
The District Collector Erode District 2.
The Tahsildar Bhavani Erode District 3.
The Executive Engineer (PWD) Lowyer Bhavani Irrigation Division Water Resources Department Erode - 638 002 4.
The Revenue Divisional Officer Erode District Page Nos.8/9
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 05.07.2024 Page Nos.9/9