Madras High CourtWP/11945/2021disposed of

Marguerite Madarasi Joseph v. The State Of Tamil Nadu

2021-05-13Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.05.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.11945/2021 [Video Conferencing] Marguerite Madarasi Joseph, .. Petitioner

Versus

1.The State of Tamil Nadu, PWD (Public Works Dept.) Rep. by the Secretary to the Government, Secretariat, Chennai - 600 009.

2.The Chief Engineer, PWD (Public Works Dept.) Ezhilagam, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The District Collector, Collector Office, Tiruvarur District.

4.The District Revenue Officer, Revenue Department, Tiruvarur District.

5.The Tashildar, Tashildar Office, Tiruvarur District.

6.The Divisional Engineer, Divisional Engineer Office, (Highways) Construction and Maintenance, Tiruvarur.

7.The Executive Engineer, (Delta) Public Works Department, Cauvery Vadinelakottam, Thanjavur.

8.The District Health Officer, Health Department, Tiruvarur District.

9.Vembian 10.Kalaiarasan 11.Subramani 12.Durairaj Achari ..

Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to take appropriate action on the representation of the petitioner dated 18.01.2021 and to pass appropriate order on merits and thereby remove the encroachment from the Government lands and to restore the irrigation channel within a time frame fixed by this Court. For Petitioner :

Mr.P.Paul Selvam For R1 to R8 :

Mrs.A.Srijayanthi, Special Government Pleader.

ORDER

(1) Heard the learned counsel for the petitioner and Mrs.A.Srijayanthi, learned Special Government Pleader accepting notice on behalf of respondents 1 to 8. (2) The writ petition has been filed seeking a writ of mandamus, directing the respondents to take appropriate action on the representation given by the petitioner on 18.01.2021.

(3) It is stated that the respondents 9 to 12 had encroached upon the properties comprised in S.Nos.44/21B, 42 and 137/1, which according to the petitioner, belongs to the Public Works Department. In that connection, complaining that the private respondents had encroached the irrigation channel and that the farmers were not able to do farming and agricultural activities, a representation had been given to the official respondents on 18.01.2021. (4) The grievance expressed by the petitioner is that the official respondents, viz., respondents 3 to 8, who are to examine the said representation, have not passed any orders.

(5) A direction is given to the said respondents to issue notice to the petitioner as well as to respondents 9 to 12, give them an opportunity of being heard and thereafter, pass a detailed order on the basis of the representation dated 18.01.2021. Appropriate orders shall be passed on or before 31.07.2021.

(6) The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar AP

To 1.The Secretary to the Government, State of Tamil Nadu, PWD (Public Works Dept.) Secretariat, Chennai - 600 009.

2.The Chief Engineer, PWD (Public Works Dept.) Ezhilagam, Kamarajar Salai, Chepauk, Chennai - 600 005. 3.The District Collector, Collector Office, Tiruvarur District.