R.Kumarasamy v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.06.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.25634 of 2013 and M.P.No.1 of 2013 R.Kumarasamy ... Petitioner

Versus

1.The District Collector, Perambalur District.

2.The Revenue Divisional Officer, Perambalur, Perambalur District.

3.Tahsildar, Veppanthattai Taluk, Perambalur District.

4.Executive Engineer, Public Works Department (Irrigation) Senthurai Road, Ariyalur, Ariyalur District.

5.Assistant Executive Engineer, Public Works Department (Irrigation) Maruthaiyaru Water Sub Division, Perambalur, Perambalur District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents to measure and remove the encroachments of Noothappur Irrigation Tank, Veppanthattai Taluk, Perambalur District, so as to utilize the funds allotted periodically for desilting the tank and source channels are utilized. For Petitioner ::: Mr.P.Ganesan For Respondents ::: Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.Shanmugasundarm Government Advocate for R.1 to R.5

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The petitioner alleges encroachments of Noothappur Water Irrigation Tank, Veppanthattai Taluk, Perambalur District.

2. Learned Government Pleader submits that Government has issued G.O.Ms.No.540 (Revenue Department) dated 04.12.2014 dealt with in our order dated 11.08.2015 in W.P.No.26722 of 2013 and necessary action has to be taken by the third respondent/Tahsildar to verify the encroachments whereafter the 5th respondent has to be informed for necessary action to be taken.

3. In view of the aforesaid, we call upon the third respondent to carry out an inspection of the site and verify the allegations of encroachments and the extent thereof within one month from the date of receipt of the order. If encroachments are found at site, intimation be sent to the 5th respondent for necessary action within 15 days thereafter and the 5th respondent will carry out the exercise of removal of encroachments after notice to all concerned within a maximum period of three months from the receipt of the said intimation.

4. The writ petition accordingly stands closed, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition is also closed.

Copy of the order be issued to the 3rd and 5th respondent. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar To 1.The District Collector, Perambalur District. 2.The Revenue Divisional Officer, Perambalur, Perambalur District.

3.Tahsildar, Veppanthattai Taluk, Perambalur District.

4.Executive Engineer, Public Works Department (Irrigation) Senthurai Road, Ariyalur, Ariyalur District.

5.Assistant Executive Engineer, Public Works Department (Irrigation) Maruthaiyaru Water Sub Division, 1 cc to C.S.Associates, Advocates, sr.32996 1 cc to The Government Pleader, sr.32746 W.P.No.25634 of 2013 ala co kra 24.06.2016