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Madras High CourtWP(MD)/312/2021disposed of

Thirupathi v. The District Collector

2021-01-11Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.312 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.312 of 2021 (Through Video Conferencing) Thirupathi : Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Trichy District, Trichy.

3.The Tahsildar, Marungapuri Taluk Trichy District.

4.The Block Development Officer Marungapuri Union, Trichy District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to remove the encroachments made in the Survey Nos.367/6 & 363/1, situated at Polampatti, Thenur Village, Marungapuri Taluk, Trichy District as classified as (Vari) Channel in the revenue records and restore the (Vari) channel, based on the petitioner's representations dated 04.09.2020 and 12.11.2020. For Petitioner : Mr.A.Vadivel For Respondents : Mr.N.Shanmugaselvam for R1 to R3 Additional Government Pleader Mr.G.Arjunan for R4 Government Advocate

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner made a representation to the office of the respondent No.1 to the effect that a road was proposed to be laid over a water body. On the said representation, the office of the Additional Collectorate, Srirangam in O.Mu.A5/3717/2020 dated 22.09.2020 directed the respondent No.3, namely, the Tahsildar, Marungapuri Taluk, Trichy District to look into the same and file a report. In the meanwhile, the respondent No.4 has completed the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.312 of 2021 construction. Seeking appropriate action to remove the unauthorized construction made, the present writ petition has been filed.

2. Taking note of the fact that the petitioner's representation is still pending consideration with the respondent No.1, on whose behalf the Additional Collector has issued directions to the respondent No.3, we direct the respondent, namely, the respondent No.1 either by himself or the Additional Collector Srirangam to pass appropriate orders on the same by also taking into consideration of the report filed by the respondent No.3 within a period of eight weeks from the date of receipt of a copy of this order.

3. The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Trichy District, Trichy.

3.The Tahsildar, Marungapuri Taluk, Trichy District.

4.The Block Development Officer Marungapuri Union, Trichy District.

+1 CC to M/s.A.VADIVEL, Advocate ( SR-1040[F] dated 19/01/2021 ) +1 CC to M/s.SPL GP ( SR-1267[F] dated 19/01/2021 ) W.P.(MD)No.312 of 2021 11.01.2021 SSS(CO) KB(25.01.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2