V.Manickam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2023

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HON'BLE MR.JUSTICE C.SARAVANAN V.Manickam ....

Petitioner Vs 1.The District Collector, O/o.the District Collector, Kallakurichi District.

2.The Tahsildar, O/o. the Tahsildar, Chinnasalem Taluk, Kallakurichi District.

3.The Assistant Engineer, Water Resources Organization, Public Works Department, Gomugi Dam. Irrigation Division, Kallakurichi District.

4.Soundhararajan ....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent in the Government Canal Porampoke land in Survey No.19/5B situated at Madhavacheri (North) Village, Chinnasalem Taluk, Kallakurichi District. 1 / 4

For Petitioner :

Mr.G.Balamanikandan For Respondents :

Mr.A.Selvendran Special Government Pleader -for R1 to R3

O R D E R

(Order of the Court was made by C.SARAVANAN, J.) When the matter was taken up for hearing, the learned Special Government Pleader submits that admittedly there is an encroachment by the fourth respondent on the water body and steps have been taken to that effect. Already notice has been issued to the fourth respondent and suitable orders will be passed on merits and in accordance with law after compliance of principles of natural justice.

2. Recording the said submission, this writ petition is disposed of with a direction to the respondents 1 to 3 to remove the encroachment after issuing notice to the fourth respondent following due procedure in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

(A.D.J.C., J.) (C.S.N.,J.) 04.05.2023 Index : Yes/No Internet : Yes/No Anu 2 / 4

Copy to:

1.The District Collector, O/o.the District Collector, Kallakurichi District.

2.The Tahsildar, O/o. the Tahsildar, Chinnasalem Taluk, Kallakurichi District.

3.The Assistant Engineer, Water Resources Organization, Public Works Department, Gomugi Dam. Irrigation Division, Kallakurichi District.

A.D.JAGADISH CHANDIRA, J.

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AND C.SARAVANAN, J.

Anu 04.05.2023 4 / 4