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Madras High CourtWP/32430/2023disposed of

Gowthaman v. The District Collector

2023-11-23Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Gowtaman : Petitioner versus 1.The District Collector, Namakkal District 2.The Revenue Divisional Officer, Mohanur Road, Namakkal 3.The Revenue Tahsildar, Taluk Office, Sendamangalam Taluk, Namakkal District 637 409 4.The Assistant Executive Engineer, Public Works Department, Rasipuram, Namakkal District 5.Rajamani 6.Varadharajan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 4 to remove the illegal encroachments made by respondents 5 and 6 over water stream running between Kolli hills and Pudukulathukuttai comprised in S.F. Nos.247/3, 382/2, 383/2 and 384/1 located at Belukurichi Village

Sendamangalam Taluk, Namakkal District and further forbearing respondents 1 to 4 from shifting the waterway running between Kolli hills and Pudukulathukuttai from the present place to some other place. For the Petitioner :

Mr.G.Pugazhenthi For Respondents 1 to 4 :

Mr.P.Muthukumar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.G.Pugazhenthi, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 4.

2. Encroachment is alleged on a waterbody by the private respondents. Mr.P.Muthukumar, learned State Government Pleader, on instructions of the Tahsildar, submitted that measurement is underway and the same would be completed on 24.11.2023. Depending upon the report of the measurement and if any encroachment is noticed, then action in accordance with law would be undertaken for removal of such encroachment.

3. In view of the said statement, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 23.11.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Namakkal District 2.The Revenue Divisional Officer, Mohanur Road, Namakkal 3.The Revenue Tahsildar, Taluk Office, Sendamangalam Taluk, Namakkal District 637 409 4.The Assistant Executive Engineer, Public Works Department, Rasipuram, Namakkal District

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

(tar) 23.11.2023