Iyarkai Valam Matrum v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.10.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.29984 of 2016 Iyarkai Valam Matrum Perumballa Odai Padukappu Nala Sangam, rep. by its President K.Shanmugasundaram (Reg.No.83/2013) 424, Avaranganthottam, Kathirampatti Village, Kathrampatti post, Erode District 638 107.

... Petitioner

Versus

1.The Secretary to Government, Land Administration Department, Fort St.George, Chennai 600 009.

2.The District Collector, Erode.

3.The Chief Engineer P.W.D. W.R.O Public Works Department, Town Hall, Coimbatore 641 001.

4.The Tahsildar, Erode Taluk, Erode.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents to remove the encroachments made over the water body comprised in S.F.No.21,48, 71,106, 116 and 117 of Kathirampatty Village in furtherance of the proceedings of the 4th respondent in Na.Ka.No.20586/2013/Aa6 dated 13.01.2015 and in compliance of the directions of the Full Bench of this Court reported in 2015 (6)CTC 369 and consequently de-silt the aforesaid water body for ensuring the free flow of water within a time frame.

For Petitioner ::: Mr.L.Chandrakumar For Respondents ::: Mr.M.K.Subramanian Government Pleader for R.1 to R.4

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The petitioner prays for removal of encroachments made over the water bodies comprised in S.F.No.21,48, 71,106, 116 and 117 of Kathirampatty Village in furtherance of the proceedings already initiated by the Tahsildar, Erode Taluk, Erode / 4th respondent dated 13.01.2015, keeping in mind the observations of the Full Bench of this Court in T.K.Shanmugam vs. State of Tamil Nadu (2015(6)CTC 369) and consequently de-silt the water body for ensuring the free flow of water.

2. Learned Government Pleader states that out of 173 encroachments existing, notices were issued to 15 encroachers who had encroached upon water bodies and after due process, the District Collector has passed an order on 07.10.2016, rejecting the appeal preferred under Section 10 of the Tamil Nadu Land Encroachments Act, 1905. The Tahsildar, Erode Taluk, Erode District has been asked to remove the encroachment and submit the final report.

3. Learned Government Pleader states that four weeks time may be given to complete the process.

4. We take the aforesaid statement on record and the respondent shall remain bound by the same.

5. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs.

6. Compliance report be filed three days before the next date of hearing with advance copy to the learned counsel for the petitioner.

List for compliance on 25.11.2016.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Secretary to Government, Land Administration Department, Fort St.George, Chennai 600 009.

2.The District Collector, Erode.

3.The Chief Engineer, Public Works Department,Town Hall, Coimbatore 641 001.

4.The Tahsildar, Erode Taluk, Erode.

+1 CC to C. Chandra Kumar, Advocate Sr.No.59806 W.P.No.29984 of 2016 VG (CO) MD : 26/10/2016