S.Mohmed Malik v. The Director Of Town Panchayat
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2016
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M. VENUGOPAL W.P.No.3438 of 2016 and WMP No. 2807 of 2016 S. Mohmed Malik ...
Petitioner Vs
1. The Director of Town Panchayat, Kuralagam, Chennai 600 108.
2. The District Collector, Thiruvarur District.
3. The Revenue Divisional Officer, Mannargudi, Thiruvarur District.
4. The Tahsildar, Thiruthuraipoondi Taluk, Thiruvarur District.
5. The Selection Grade Town Panchayat, rep. By its Executive Officer, Muthupettai, Thiruthuraipoondi, Thiruvarur District.
6. Smt. Jumma Beevi ... Respondents Writ petition filed under Article 226 of the Constitution seeking for the issuance of a writ of mandamus directing the respondents 1 to 5 herein to forthwith remove the encroachments made in the water tank viz., Chekkadi Kulam Water Tank, Canal comprised in S.Nos. 247 & 230 measuring 1.32.50 Hecs and 0.78.00 Hecs respectively situated in Thuraikadu Village, Thiruthuraipoondi, Thiruvarur and consequently direct the respondents not to allow any further or future encroachments therein.
For Petitioner : Mr. L.S.M. Hasan Fizal for M/s. Veera Kathiravan For Respondents : Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R1 to R4 Ms. S. Varsha for Mr. S.T.S. Murthy, Spl. Govt. Pleader-R5
ORDER
(Order of the Court was delivered by SATISH K. AGNIHOTRI,J.,) Heard the learned counsel for the petitioner and the learned Special Government Pleaders appearing for the official respondents. Notice to the sixth respondent is dispensed with at this stage, inasmuch as no adverse order is passed against her in this writ petition.
2.
The petitioner, claiming to be a public spirited person, has come up with this writ petition seeking a direction against the official respondents 1 to 5 to remove the encroachment made in the water tank viz., Chekkadi Kulam Water Tank Canal comprised in S.Nos. 247 & 230 measuring 1.32.50 Hecs and 0.78.00 Hecs respectively situated in Thuraikadu Village, Thiruthuraipoondi, Thiruvarur.
3.
In response to the notice of this Court dated 18th February, 2016, the fifth respondent / Executive Officer, Selection Grade Town Panchayat, Thiruthuraipoondi, Thiruvarur District, has filed an affidavit indicating that the entire encroachment made in the water tank viz., Chekkadi Kulam Water Tank, Canal comprised in S.Nos. 247 & 230 measuring 1.32.50 Hecs. and 0.78.00 Hecs. situated in Thuraikadu Village, has been removed on 4/5 February, 2016.
4.
In such view of the matter, nothing survives for adjudication in this writ petition. However, we direct the second respondent / District Collector, Thiruvarur, to ensure that there shall not be any encroachment on any water body situated in Thiruvarur District.
5.
With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ra.
To
1. The Director of Town Panchayat, Kuralagam, Chennai 600 108.
2. The District Collector, Thiruvarur District.
3. The Revenue Divisional Officer, Mannargudi, Thiruvarur District.
4. The Tahsildar, Thiruthuraipoondi Taluk, Thiruvarur District.
5. The Selection Grade Town Panchayat, rep. By its Executive Officer, Muthupettai, Thiruthuraipoondi, Thiruvarur District.
+1 cc to Government Pleader sr no 15746[7/6/16] +1cc to Mr.S.T.S. Murthi, Advocate, S.R.No.14821 +1cc to Mr.Veera Kathiravan, Advocate, S.R.No.14434 VSN(CO) EU(17/03/2016) W.P. No.3438 of 2016