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Madras High CourtWP/8176/2024disposed of

Rangasamy v. The District Collector

2024-03-28Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Rangasamy ..

Petitioner Vs.

1. The District Collector Tiruppur District, Tiruppur.

2. The Tahsildar Avinashi Taluk, Avinashi Tiruppur District.

3. The Block Development Officer Avinashi, Tiruppur District.

4. The President Sembiyanallur Village Panchayat Sembiyanallur, Avinashi Taluk Tiruppur District.

5. K.R.C.Constructions Rep. by its Proprietor Deivasigamani, Gandhi Nagar 60 Feet Road AVP Layout, Tiruppur - 641 603.

6. K.Kumaresan ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 4 herein to restore the water course (Vaari) in S.F.No.185, Sembiyanallur Village, Avinashi Taluk, Tiruppur District to its original position by removing the sand dumped for laying a thar road. For the Petitioner :

Mr.K.Govi Ganesan For the Respondents :

Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.K.Karthik Jegannath Government Advocate for R1 and R2 Mr.Habeeb Rahman Government Advocate for R3 and R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.Govi Ganesan, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 and 2 and Mr.Habeeb Rahman, learned Government Advocate for respondents 3 and 4.

2. Learned State Government Pleader submits that in the subject Vaari, sand was put by some persons on 28.02.2024 and the same was removed. Learned State Government Pleader further submits that survey would be carried out and depending upon the report of the survey, if encroachment is found, immediate steps would be taken, in accordance with law, to remove the encroachment.

3. In view of the said submissions, the present writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.no.9126 of 2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 28.03.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector Tiruppur District, Tiruppur.

2. The Tahsildar Avinashi Taluk, Avinashi Tiruppur District.

3. The Block Development Officer Avinashi, Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 28.03.2024