Madras High CourtWP/5712/2016disposed of

Kaariappan v. The District Collector

2016-09-07Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.5712 of 2016 Kaariappan .. Petitioner -vs1.The District Collector, Thiruvarur District, Thiruvarur.

2.The Tahsildar, Thiruthuraipoondi Taluk, Thiruvarur District.

3.Madharaman 4.The Secretary, Public Works Department, 5.The Secretary, Irrigation Department, .. Respondents (Respondent Nos.4 & 5 suo-motu impleaded as per the order dt. 7.6.2016) Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 and 2 to remove the encroachment made by the third respondent including the concrete building in the Annapilar Canal running through the Kannanmedu village, Thalaikadu, Thiruthuraipoondi Taluk, Thiruvarur District. For Petitioner :

Mr.V.Kasinatha Bharathi For Respondents :

Mr.M.K.Subramanian Govt. Pleader for R1,2,4 & 5 Mr.S.Nagarajan for R3

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The writ petition is really a counter blast of the petitioner against respondent No.3, who had filed the writ petition being W.P.No.26701 of 2015 in respect of the encroachment by the petitioner. Now the petitioner states that respondent No.3 has equally encroached and constructed a concrete building in Annapilar canal and curtailed free flow of water. In view of the aforesaid facts and circumstances, respondent No.2/Tahsildar is required to carry out an inspection of the site within a maximum period of one month of the receipt of a copy of this order to verify the allegation of the petitioner and if the allegation is found to be correct, to take action in accordance with law, after notice to all concerned within a maximum period of two months thereafter.

2. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

bbr To 1.The District Collector, Thiruvarur District, Thiruvarur.

2.The Tahsildar, Thiruthuraipoondi Taluk, Thiruvarur District.

3.Madharaman 4.The Secretary, Public Works Department,

5.The Secretary, Irrigation Department, +1 CC to Govt., Pleader, Sr.No.51187 W.P.No.5712 of 2016 NR (CO) MD : 21/09/2016