Nallathambi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2018

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P. No. 17866 of 2018 Nallathambi ..Petitioner Vs.

1.

The District Collector, Villupuram District.

2.

The Revenue Divisional Officer, Kallakurichi.

3.

The Asst. Executive Engineer, Water Resources Organisation, PWD, Kallakurichi.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to consider the representations dated 02.11.2016, 16.11.2017, 08.03.2018 and consequently, direct the respondents to remove the encroachments in the lake channel of Periya Eri channel and Sitteri channel in Karanoor Village, Kallakurichi, Villupuram District.

For Petitioner ::

Mr.S.N. Subramani For Respondents::

Mr.R. Udhayakumar, Additional Government Pleader

O R D E R

(Order of the Court was made by N. KIRUBAKARAN,J.) The petitioner has come before this Court seeking issuance of a Writ of Mandamus directing the respondents to consider his representations dated 02.11.2016, 16.11.2017 and 08.03.2018 and consequently direct the respondents to remove the encroachments in the lake channel of Periya Eri channel and Sitteri channel in Karanoor Village, Kallakurichi, Villupuram District. https://hcservices.ecourts.gov.in/hcservices/

2.

According to the petitioner, the residents of his village are depending upon agricuture for their livelihood, for which water has to be drawn from the above lakes, which are located in the village. About 700 acres of agricultural land are benefitted by the use of the above lake water for irrigation. However, the lake channels have been encroached upon by encroachers thereby blocking the channels. Hence, the petitioner has given representations on various dates and the last of such representations is dated 08.03.2018. Since no action has been taken, he is before this Court by way of this writ petition.

3.

Heard Mr.N. Subramani, learned counsel for the petitioner and Mr.R. Udhayakumar, learned Additional Government Pleader for the respondents.

4.

Mr.R. Udhayakumar, learned Additional Government Pleader, on instructions, woud submit that steps are being taken to evict the encroachers as it is found that there are encroachers in the lake channels and he seeks two weeks' time to remove the encroachers.

5.

Recording the above statement made by the learned Additional Government Pleader and granting two weeks' time, the writ petition is disposed of. No costs.

6.

For reporting compliance, post the matter after three weeks.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nv To 1.

The District Collector, Villupuram District.

2.

The Revenue Divisional Officer, Kallakurichi.

3.

The Asst. Executive Engineer, Water Resources Organisation, PWD, Kallakurichi.

Copy to: The Section Officer, Writ Section, High Court, Madras.

+ 1 cc to Mr.S.N. Subramani, Advocate Sr.47666 W.P. No.17866 of 2018 VGII(CO) EU(06/08/2018) https://hcservices.ecourts.gov.in/hcservices/