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Madras High CourtWP/22694/2025disposed of

A.Sundaram v. The Assistant Executive Engineer

2025-07-23Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN A.Sundaram ..

Petitioner Vs.

1. The Assistant Executive Engineer Water Resource Department Sarbanga Division Namakkal District.

2. The Assistant Executive Engineer Water Resource Department Irrigation, Velur Town Paramathi Velur Taluk Namakkal District 638 182.

3. The Tahsildar Office of Tahsildar Mohanur Namakkal District 637 015.

4. Janaki ..

Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachment made by the 4th respondent in canal (Vaaikkal), comprised in S.No.653 of Oruvanthur Village, Mohanur Taluk, Namakkal District by considering the petitioner's representation dated 15.05.2025, by invoking the Land Encroachment Act, 1905 within a time frame as may be fixed by this Hon'ble Court. For Petitioner :

Mr.K.M.Arun For Respondents :

Mr.K.Karthik Jegannath Government Advocate for Respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The relief sought in this petition, in our view, is pre-mature. We find that representation for removal of encroachment was made on 15.05.2025 and this petition has been filed on 21.06.2025, without waiting for a reasonable period.

2. In any case, learned counsel for the respondents 1 to 3 would

submit that after representation was made, enquiry was conducted and notices have also been issued to the persons against whom such allegations have been made.

3. It is thus quite discernible from what has been stated by learned counsel for the respondents 1 to 3 that the complaint made by the petitioner is under active consideration.

4. At this stage, we are not inclined to entertain this petition. We have not commented upon the merits of the case. Petition is disposed of. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 23.07.2025 Index :

Yes/No :

Yes/No kpl

To

1. The Assistant Executive Engineer Water Resource Department Sarbanga Division Namakkal District.

2. The Assistant Executive Engineer Water Resource Department Irrigation, Velur Town Paramathi Velur Taluk Namakkal District 638 182.

3. The Tahsildar Office of Tahsildar Mohanur Namakkal District 637 015.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

(kpl) 23.07.2025