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Madras High CourtWP/29505/2018disposed of

R.K.Ayyappan v. The District Collector

2023-10-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.K.Ayyappan ..

Petitioner Vs 1.The District Collector, Tiruvarur District, Tiruvarur.

2.The District Revenue Officer, Tiruvarur District, Tiruvarur.

3.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Tiruvarur District, Tiruvarur.

4.The Commissioner, Thiruthuraipoondi Municipality, Tiruvarur District, Tiruvarur.

5.Haniba Hospital, rep. by its Proprietor Dr.Haniba, Old Bus Stand Back Side, Thiruthuraipoondi, Tiruvarur District.

6.Mathuram Hospital, rep. by its Proprietor Dr.Mathuram, Nagapattinam Road, Thiruthuraipoondi, Tiruvarur District.

7.The Tahsildar, Thiruthuraipoondi Taluk, Tiruvarur District.

..

Respondents (Respondent No.7 impleaded as per the order dated 25.6.2019 in WMP No.17087/2019) Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made on 32 water tanks bearing Survey Nos.82/1, 158, 227/12, 200-12A and 209/4 etc. (annexed with the writ petition) situated at Thiruthuraipoondi Municipality, Thiruvarur District by considering the petitioner's representation dated 28.9.2018. For the Petitioner : Mr.P.Ravikumar Mrs.R.Anitha Spl. Government Pleader for respondents 1, 2 & 7 : Mr.L.Jaivenkatesh for respondent No.3

: Mr.S.J.Mohamed Sathik Government Advocate for respondent No.4 : Mr.S.Senthil for respondent No.5 : Mr.P.Dinesh Kumar for respondent No.6

ORDER

(Order of the court was made by the Hon'ble Chief Justice) None appears for the petitioner.

2. The petitioner seeks to remove the encroachments made in 32 water tanks bearing Survey Nos.82/1, 158, 227/12, 200-12A and 209/4 etc. situated at Thiruthuraipoondi Municipality, Tiruvarur District.

3. Learned Special Government Pleader submits that the survey was conducted and encroachments were noticed and Form-I is forwarded to Thiruthuraipoondi Municipality.

4. Learned counsel for the Thiruthuraipoondi Municipality submits that upon receipt of the survey report from the Tahsildar, notices have been issued to 65 encroachers on 19.7.2022 and further process is being undertaken to remove the said encroachments. The same would be completed expeditiously.

5. In view of the above, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.35405 of 2019 is closed.

(S.V.G., CJ.) (D.B.C., J.) 06.10.2023 Index :

Yes/No Yes/No bbr

To 1.The District Collector, Tiruvarur District, Tiruvarur.

2.The District Revenue Officer, Tiruvarur District, Tiruvarur.

3.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Tiruvarur District, Tiruvarur.

4.The Commissioner, Thiruthuraipoondi Municipality, Tiruvarur District, Tiruvarur.

5.The Tahsildar, Thiruthuraipoondi Taluk, Tiruvarur District.

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

bbr 06.10.2023