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Madras High CourtWP/33586/2019disposed of

B.Shanmugam v. The Assistant Engineer,

2024-01-05Honourable Mr Justice S. Vaidyanathan,Honourable Mr.Justice K.Rajasekar4 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 05-01-2024

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.33586 of 2019 B.Shanmugam ...

Petitioner -vs1.The Assistant Engineer, Mettur Channel, Mettur - 636 401.

2.The Executive Engineer, Public Works Department, Mettur Dam, Mettur - 636 401.

3.The Asst. Executive Engineer, Mettur Channel, Komarapalayam, Komarapalayam Taluk - 638 183.

4.Subramanian 5.Prakash @ Madhiyazhagan ...

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the respondents 1 to 3 to consider the representation of the petitioner, dated 09.09.2019.

2/4 For Petitioner : Mr.B.Kumarasamy For Respondents 1 to 3 : Mr.J.Ravindran, Addl. Advocate General, assisted by Mr.A.Selvendran, Special Government Pleader.

For Respondents 4 & 5 : No appearance

ORDER

(By S.Vaidyanathan,J.) Petitioner has come forward with this Writ Petition praying to direct respondents 1 to 3 to consider his representation, dated 09.09.2019.

2. Official respondents have filed a counter affidavit, wherein Paragraphs 4 and 5 read as under :

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3. We make it clear that in case there is any encroachment made by anyone, including the petitioner, as stated by the respondents in Para 3 of the counter, such encroachment shall be removed, as the water channel/water-body needs to be maintained free from encroachment and there should be free flow of water. The entire exercise shall be completed within a period of three months from the date of receipt of this order.

4. Writ Petition is disposed of accordingly. No costs. Consequently, the connected W.M.P.No.34046 of 2019 is closed.

Index : Yes/No (S.V.N.,J.) (K.R.S.,J.) Internet : Yes/No 05-01-2024 dixit To 1.The Assistant Engineer, Mettur Channel, Mettur - 636 401.

2.The Executive Engineer, Public Works Department, Mettur Dam, Mettur - 636 401.

3.The Asst. Executive Engineer, Mettur Channel, Komarapalayam, Komarapalayam Taluk - 638 183.

S.VAIDYANATHAN,J.

4/4 AND K.RAJASEKAR,J.

dixit W.P.No.33586 of 2019 05-01-2024