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Madras High CourtWP/33914/2016disposed of

K.Thirugnanam v. The District Collector,

2016-09-27Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.33914 of 2016 and W.M.P.No.29278 of 2016 K.Thirugnanam ... Petitioner -Vs1. The District Collector, District Collectorate, Cuddalore District, Cuddalore.

2. The District Revenue Officer, District Collectorate, Cuddalore District, Cuddalore.

3. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Chidambaram.

4. The Tahsildar Taluk Office, Kattumannarkoil Taluk, Cuddalore District.

5. The President Village Panchayat, Palayamkottai Keelpathi, Kattumannarkoil Taluk, Cuddalore District.

6. The Superintendent of Police, O/o The Superintendent of Police, Cuddalore.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 5 to take action on the petitioner's representation dated 09.12.2015 by demolishing the partial construction put up by the 6th respondent in 'Alli' Pond in Survey No.403/2, Palayamkottai Keelpathi Village, Kattumannarkoil Taluk, Cuddalore District.

For Petitioner :

Mr.P.Valliappan For Respondents :

Mr.M.K.Subramanian Government Pleader

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The grievance of the petitioner is that the police station is being set up on a water body and the petitioner has made a representation on 09.12.2015 followed by a reminder dated 26.04.2016.

2.It is trite to say that no construction on a water body can take place in view of the judgment of the Full Bench of this Court in T.K.Shanmugam vs. State of Tamil Nadu, 2015 WLR 1029. 3.In view of the aforesaid, the first respondent may examine the representation of the petitioner in the conspectus of the aforesaid judgment and take a decision in accordance with law, within a maximum period of one (1) month of the receipt of the order.

4.Writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.29278 of 2016 stands closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra To

1. The District Collector, District Collectorate, Cuddalore District, Cuddalore.

2. The District Revenue Officer, District Collectorate, Cuddalore District, Cuddalore.

3. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Chidambaram.

4. The Tahsildar Taluk Office, Kattumannarkoil Taluk, Cuddalore District.

5. The President Village Panchayat, Palayamkottai Keelpathi, Kattumannarkoil Taluk, Cuddalore District.

6. The Superintendent of Police, O/o The Superintendent of Police, Cuddalore.

+1cc to Mr.P.Valliappan, Advocate, S.R.No.55519 +1cc to the Government Pleader, S.R.No.55183 W.P.No.33914 of 2016 SK(CO) CA(03/10/2016)