Jeyakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) Nos.573 & 575 of 2022 Jeyakumar ... Petitioner -vs1.The District Collector Dindigul Dindigul District 2.The Revenue Divisional Officer Dindigul, Dindigul District 3.The Tahsildar Dindigul West Taluk Dindigul District 4.The Panchayat Pudhuchatiram Panchayat Pudhuchatiram Dindigul West Taluk Dindigul District 5.Karupasamy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the fifth respondent in Survey Nos.808, 809, 800 and 208, Palakanuthu Village, Nallpuzhikottai, Dindigul District, so as to enable the free flow surplus water from Nallkudikottai Oorani, by considering the representation of the petitioner dated 30.11.2021. For Petitioner :

Mr.S.C.Herold Singh For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4 No appearance for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the fifth respondent in Survey Nos.808, 809, 800 and 208 of Palakanuthu Village, Nallpuzhikottai, Dindigul District, for free flow of surplus water from Nallkudikottai Oorani, based on the petitioner's representation dated 30.11.2021.

2. When the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the encroachment in the subject land, as projected by the petitioner, has been removed. To that effect, he has also produced a copy of the survey report dated nil, before this Court.

3. The learned counsel appearing for the petitioner stoutly refuted the above submission of the learned Government Pleader.

4. Recording the above submission of the learned Government Pleader and granting liberty to the petitioner to approach the authority concerned, if his grievance still exists, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [R.M.D., J.] [J.S.N.P., J.] 28.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Dindigul, Dindigul District.

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

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

4.The Panchayat, Pudhuchatiram Panchayat, Pudhuchatiram, Dindigul West Taluk, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) Nos.573 & 575 of 2022 28.10.2022