Dr.K.Mathiazhagan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.17593 OF 2021 Dr.K.Mathiazhagan

...Petitioner

Vs

1. The State of Tamil Nadu, rep. by the Secretary to Government, Department of Revenue, Fort St. George, Chennai - 600 009.

2. The District Collector, Cuddalore,

3. The Revenue Divisional Officer (RDO), Cuddalore,

4. The Tahsildar, Cuddalore,

5. The President, Semmnkuppam Village & Panchayat, Cuddalore Taluk,

6. The Engineer in Chief (WRO) and Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.

7. The Managing Director/Management Chemplast Sanmar (P) Ltd., Semmankuppam Village & Panchayat,

Cuddalore - 607 005,

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the second respondent to take necessary steps to restore the original Periyavaikkal rain water channel flowing from west to east and measuring 30 feet width and 500 metre length between the Uthukuttai water pond and the Uppanar river situate in Seemmankuppam village & panchayat, Cuddalore Tlauk, Cuddalore District in order to enable the rain water to reach the Uppanar river without any hindrance whatsoever.

For the Petitioner : No Appearance For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondent Nos.1 to 4 & 6 : Mr.Devadakshan for M/s.T.Ravichandran for respondent No.7 : No Appearance for respondent No.5

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) None appears for the petitioner.

2. The writ petition was filed to seek a direction on the respondents for restoration of the water channel flowing from west to east and measuring 30 feet width and 500 metre length between Uthu-kuttai water pond and Upanar river situate in Semmankuppam Village, Cuddalore Taluk and District.

3. An allegation of encroachment was made against the seventh respondent. The status report dated 29.11.2021 filed by the State shows that no encroachment has been made by the seventh respondent. The encroachments made by others have now been removed, as stated in the latest status report dated 06.12.2021.

In view of the above, no encroachment exists on the water channel referred by the petitioner in the writ petition. Accordingly, the writ petition is ordered to be closed. There will be no order as to costs. Consequently, W.M.P.No.18720 of 2021 is also closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar bbr To:

1. The Secretary to Government, State of Tamil Nadu, Department of Revenue, Fort St. George, Chennai - 600 009.

2. The District Collector, Cuddalore,

3. The Revenue Divisional Officer (RDO), Cuddalore,

4. The Tahsildar, Cuddalore,

5. The Engineer in Chief (WRO) and Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.

+1cc to the Government Pleader, S.R.No.3669 [29/04/2022] W.P.No.17593 of 2021 EV(CO) RLP(25/01/2022)