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Madras High CourtWP/2882/2017disposed of

E.Sampath, v. The Assistant Engineer,

2017-02-06Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.2882 to 2884 of 2017 and W.M.P.Nos.2792 to 2794 of 2017 E.Sampath ... Petitioner in WP.2882 of 2017 Siva Elango ... Petitioner in WP.2883 of 2017 K.Palanivel ... Petitioner in WP.2884 of 2017 -Vs1. The Assistant Engineer, Public Works Department, Irrigation Division, Valavanoor, Villupuram District.

2. The Tahsildar, Villupuram Taluk, Villupuram District.

3. The District Collector, Villupuram District, Villupuram.

... Respondents in all WPs.

Petitions under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the 1st respondent dated 09.11.2016 issued under Rule 6 (1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules 2007 and quash the same and consequently direct the respondents not to interfere with or dispossess the petitioners from their peaceful possession and enjoyment of the land measuring to an extent of 2 acres situated in S.No.13 of Koliyanoor Village (WP.2882/2017), 3 1⁄2 acres situated in S.No.112 of Kollapattu Village, (Wp.2883/2017) and 5 acres in S.No.15 of Koliyanoor Village, Villupuram District (WP.2884/2017) under their occupation. For Petitioners :

Mr.C.P.Sivamohan For Respondents :

Mr.M.K.Subramanian Government Pleader https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) Learned Government Pleader states, on the basis of the representations already made by some of the persons occupying the land seeking time for harvesting and agreeing to remove the encroachments themselves, that wherever such representations are filed, the relief to the limited extent will be granted.

2. We take the aforesaid statement on record and dispose of the writ petitions that being the only relief pressed before us, leaving the parties to bear their own costs. Consequently, W.M.P.Nos.2792 to 2794 of 2017 are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sra To

1. The Assistant Engineer, Public Works Department, Irrigation Division, Valavanoor, Villupuram District.

2. The Tahsildar, Villupuram Taluk, Villupuram District.

3. The District Collector, Villupuram District, Villupuram.

+3cc's to Mr.C.P.Sivamohan, Advocate, S.R.Nos.7126 to 7128 +1cc to the Government Pleader, S.R.No.7495 W.P.Nos.2882 to 2884 of 2017 PPA(CO) CA(15/02/2017) https://hcservices.ecourts.gov.in/hcservices/