M.Nachimuthu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.11462 of 2022 and W.M.P.No.10970 of 2022 1.M.Nachimuthu 2.K.Venkatachalam

...Petitioners

Vs.

The District Collector, Salem District, Salem.

...Respondent

Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to forthwith remove the encroachment made in Thirumanimutharu River and to clear the obstructions made in the natural elevation of the water course at S.No.97 of Kandhampatti Village, Salem West Taluk, Salem District by considering the representation of the petitioners dated 05.01.2022. For Petitioners : Mr.K.Doraisami, Senior Counsel M/s.Muthumani Doraisami For Respondent : Mr.P.Muthu Kumar Government Pleader

O R D E R

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioners have filed the above Writ Petition to issue a Writ of Mandamus directing the respondent to forthwith remove the encroachment made in Thirumanimutharu River and to clear the obstructions made in the natural elevation of the water course at S.No.97 of Kandhampatti Village, Salem West Taluk, Salem District by considering the representation of the petitioners dated 05.01.2022.

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2.Mr.K.Doraisami, learned senior counsel appearing for the petitioners submitted that inspite of the petitioners' representation dated 05.01.2022, the authorities have not removed the encroachment so far.

3.Mr.P.Muthukumar, learned Government Pleader, taking notice for the respondent, submitted that the petitioners' representation dated 05.01.2022 would be considered and necessary steps would be taken by appropriate authorities for removing the encroachment, if any.

4.Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the matter, we direct the District Collector to give appropriate direction to appropriate authorities for removing the encroachment, if any found in S.No.97 of Kandhampatti Village, Salem West Taluk, Salem District, within a period of eight weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To The District Collector, Salem District, Salem.

+1 CC to The Government Pleader sr 30926 +1 CC to Mr.Muthumani Doraisamy, Advocate sr 29883. W.P.No.11462 of 2022 and W.M.P.No.10970 of 2022 PA(CO) SP(09/05/2022) https://hcservices.ecourts.gov.in/hcservices/