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Madras High CourtWP/34549/2014disposed of

S.Periasamy v. The Tahsildar

2016-09-07Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.34549 of 2014 S.Periasamy .. Petitioner -vs1.The Tahsildar, Kunnam Taluk, 2.The Revenue Divisional Officer, 3.The District Collector, 4.The Government of Tamilnadu, rep. by its Secretary, Revenue Department, Fort St. George, Chennai-600 009.

5.A.Periyasamy .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to take action against the encroachment caused by the 5th respondent in the public tank namely Pachai Padayatchi Eri situated in Survey No.124 and 125 in Vaidyanathapuram village, Kunnam Taluk, Perambalur District and restore the Pachai Padayatchi Eri and the Water Source Channel free from encroachment.

For Petitioner :

Mr.R.Balasubramanian For Respondents :

Mr.M.K.Subramanian Govt. Pleader for R1 to R4 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges encroachment by respondent No.5 in the public tank viz., Pachai Padayatchi Eri situated in S.Nos.124 and 125 in Vaidyanathapuram village, Kunnam Taluk, Perambalur District and for restoration of Pachai Padayatchi Eri and the water source channel be kept free from encroachments.

2. On hearing the learned counsel for parties, we direct that an inspection be carried out by respondent No.1/Tahsildar within one month of the date of a receipt of copy of this order and report be submitted to the District Collector/respondent No.3, who will, depending on the result of the inspection, pass orders after notice to all concerned within a maximum period of two months thereafter.

3. The writ petition, accordingly, stands disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar bbr To 1.The Tahsildar, Kunnam Taluk, 2.The Revenue Divisional Officer,

3.The District Collector, 4.The Secretary, Revenue Department, Fort St. George, Chennai-600 009.

+1 cc to Mr.R.Balasubramanian Advocate sr 50881 W.P.No.34549 of 2014 aa22/09/2016