P.Boopathi @ Nilavan, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.33136 of 2016 P.Boopathi @ Nilavan S/o.Perumal Organizer, Gani Rawther Tank Redemption Movement No.2, Prabath Complex Choolai, Erode - 638 004.

.. Petitioner Vs.

1. The State of Tamil Nadu rep. by its Secretary Department of Public Works Fort Saint George Chennai - 600 009.

2. The District Collector Erode District Erode.

3. The District Revenue Officer Erode District, Erode.

4. The Revenue Divisional Officer Erode District, Erode.

5. The Municipal Commissioner Erode Municipality, Erode.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to consider the petitioner's representation dated 25.8.2016 and consequently direct respondents 4 and 5 to implement the order dated 29.6.2015 passed by the third respondent.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 4 Mr.M.Rajamathivanan for 5th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner alleges encroachment of the Ganiraavuthar Tank in Erode Town, which is alleged to have shrunk from 52 Acres to 15 Acres. The tank was used during rainy season and is stated to be a source of underground water. The encroachments are alleged over the last 20 years and there is a housing complex - TKT Nagar, while a part of the area is stated to be converted into drainage water from the tenements.

2. In respect of the representation of the petitioner dated 10.11.2014, proceedings are stated to have been held before the District Revenue Officer/third respondent on 29.6.2015 and orders were passed directing the Municipal Commissioner, Erode, to remove encroachments found within the radius of 15 Metres from tank bunds with police protection. The Superintendent of Police, Erode, was also directed to give protection for the said purpose.

3. The subsequent representations show that despite reminders nothing seems to have transpired.

4. The learned Government Pleader submits that, on inspection, 27 houses were found within this area, out of which 16 have been removed, while for 11 alternative accommodation is under process. The learned Government Pleader requests for two weeks time to ensure that all encroachments within that area are cleared.

5. We may note the stand of the learned counsel for the petitioner that the tank is supposed to be much wider, but it does appear that colonization took place decades ago.

6. We take the statement of the learned Government Pleader on record and the respondents will remain bound by the statement. We make it clear that the encroachments cleared would be with the rubble removed and it should be ensured that there is no re-encroachment.

The petition stands disposed of accordingly. No costs. Consequently, W.M.P.No.28649 of 2016 is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To:

1. The Secretary State of Tamil Nadu Department of Public Works Fort Saint George Chennai - 600 009.

2. The District Collector Erode District Erode.

3. The District Revenue Officer Erode District, Erode.

4. The Revenue Divisional Officer Erode District, Erode.

5. The Municipal Commissioner Erode Municipality, Erode.

+1 cc to M/s.R.Sankarasubbu,advocate,sr.53888 +1 cc toM/s.M.Rajamathivanan,advocate,sr.53838 +1 cc to Govt.Pleader,sr.54035.

ssk(co) krd 29/9 W.P.No.33136 of 2016