L.Kuppannamuthu v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY L.Kuppannamuthu .. Petitioner vs.

1.The State of Tamilnadu rep by the Secretary to Government, Public Works Department, Fort St George, Secretariat, Chennai-9.

2.The Assistant Chief Engineer, Constructions, Southern Railway, Suramangalam, Salem-5.

3.The District Collector District Collector Office, Namakkal District.

4.The Executive Engineer Water Resources, Public Work Department, 5.The Assistant Executive Engineer Water Resources, Public Work Department,

6.The Special Thasildhar (Land Acquisition), Salem- Karur Broad Gauge Railway Project, 7.The Thasildar Namakkal District, 8.Tamilselvi 9.Sengoda Gounder .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 7 to remove the encroachments in the way of the stream from Kattapuli Karadu to the eastern side of Salem Karur railway line leading to Paachal lake in light of the petitioner's representation dated on 05.10.2018.

For the Petitioner : Mr.K.S.Karthik Raja For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 7 : No appearance for respondent No.8 : R9 - Not Ready in Notice

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.K.S.Karthik Raja, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 7.

2. Encroachment is alleged on the stream from Kattapuli Karadu to the eastern side of Salem-Karur railway line leading to Paachal lake.

3. The petitioner may approach the Committee constituted under the Government Order bearing G.O.Ms.No.64, dated 08.02.2022. If such application is filed by the petitioner, the Committee may consider the said application on its own merits and in accordance with law and also after observing the principles of natural justice.

4. With these observations, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.01.2024 Index :

Yes/No :

Yes/No bbr To 1.The Secretary to Government, State of Tamilnadu Public Works Department, Fort St George, Secretariat, Chennai-9.

2.The Assistant Chief Engineer, Constructions, Southern Railway, Suramangalam, Salem-5.

3.The District Collector District Collector Office, Namakkal District.

4.The Executive Engineer Water Resources, Public Work Department, 5.The Assistant Executive Engineer Water Resources, Public Work Department, 6.The Special Thasildhar (Land Acquisition), Salem- Karur Broad Gauge Railway Project, 7.The Thasildar Namakkal District, Namakkal.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 12.01.2024