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Madras High CourtWP/35482/2023disposed of

M.Mahendiran v. The District Collector

2023-12-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Mahendiran ..

Petitioner Vs.

1. The District Collector Salem, Salem District.

2. The Tahsildar Sankari Taluk, Salem District.

3. The Junior Engineer Public Works Department Mettur Canal Section WRO Mettur Dam, Salem District.

4. The Assistant Engineer Public Works Department Mettur Canal Section WRO Mayilampatti Salem District 637 101.

5. N.Mathaiyan

6. P.K.Munusamy

7. V.Raja ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st to 4th respondents to take emergent steps to remove the entire encroachments in the P.W.D. Channel situated at S.Nos.370/1B, 370/1C, 370/1D, 370/2A, 370/2B and 370/3A in Arasiramani Village, Sankari Taluk, Salem District by considering petitioner representation dated 10.01.2023. For the Petitioner : Mr.A.Saravanan For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Saravanan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 4.

2. Learned State Government Pleader, on instructions of the Assistant Engineer, Water Resource Department, Mettur Canal Section, submits that as per the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, the encroachments will be identified with the help of the Revenue Department and the extent of encroachment, the nature of the encroachment and the name of the

encroacher will be provided in Form-I by the concerned Tahsildar. After receiving the Form-I, Form-II will be issued for notifying the encroachments in the Government lands. After issuing Form-II, FormIII notice will be issued to the encroachers for removal of encroachments and if the encroachments are not removed within 21 days, then the encroachments will be removed by the concerned Department after following the due process of law.

3. In view of the said statement, no orders are necessary in the present petition. The writ petition, accordingly, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 22.12.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Salem, Salem District.

2. The Tahsildar Sankari Taluk, Salem District.

3. The Junior Engineer Public Works Department Mettur Canal Section WRO Mettur Dam, Salem District.

4. The Assistant Engineer Public Works Department Mettur Canal Section WRO Mayilampatti Salem District 637 101.

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

(drm) 22.12.2023