Madhalaimuthu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2022

CORAM

THE HONOURABLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Madhalaimuthu .. Petitioner

Versus

1.The District Collector, Krishnagiri District.

2.The Block Development Officer, Thalli, Krishnagiri District.

3.The Tahsildar, Denakanikotta, Krishnagiri.

.. Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for records on the file of the second respondent in proceedings Na.Ka.1124/2020/A2, dated 02.03.2022 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents to remove the encroachment in embankment and canal of Choolai Lake in Survey Nos.548, 648, 574, 575, 576 and 632 of Kuppatti Village, Denkanikottai Taluk, Krishnagiri District. For Petitioner : Ms.R.Poornima For Respondents : Mr.P.Muthukumar, State Govt. Pleader

ORDER

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(Order of the Court was delivered by The Hon'ble Acting Chief Justice) Heard Ms.R.Poornima, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, who accepts notice for the respondents. With the consent, the writ petition is taken up for final disposal at the admission stage itself.

2. Learned counsel for the petitioner submitted that the petitioner is residing in Survey No.575/1 and in Survey Nos.548, 648, 574, 575, 576 and 632, there is a water flowing canal of Choolai Lake and it provides water facility to the nearby agricultural lands for irrigation. However, there are some obstructions in the outflow of water from the Choolai Lake due to few encroachments in embankment and canal of Choolai Lake. Therefore, a direction may be given to remove the such encroachments.

3. Mr.P.Muthukumar, learned State Government Pleader, accepting notice for the respondents, sought 8 weeks time to remove the encroachments.

4. Recording the said submission, the writ petition is disposed of directing the respondents to remove the encroachments after issuing notice and affording an opportunity of personal hearing to all the aggrieved parties. No Costs. Consequently, connected miscellaneous petitions are closed.

(T.R., ACJ.) (D.B.C., J.) 10.11.2022 rkm 2/4

To 1.The District Collector, Krishnagiri District.

2.The Block Development Officer, Thalli, Krishnagiri District.

3.The Tahsildar, Denakanikotta, Krishnagiri.

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

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