S. Joshwa v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Joshwa ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Kanyakumari District, Nagercoil- 629 001.

2.The Revenue Divisional Officer, Thovalai Taluk, 3.The Tahsildar, Thovalai Taluk, 4.The Executive Engineer, Kothaiyar Basin Division, 1/5

5.The Assistant Executive Engineer, Kothaiyar Irrigation Division, 6.The Assistant Executive Engineer, Palaiyar Irrigation Sub-Division, Thovalai, 7.John Victor 8.John Varghese 9.Selvin ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 3 to 6 to remove the encroachments made in the water channel / supply channel in S.No.4/6, Esanthimangalam North Village, Thovalai Taluk, Kanyakumari District by considering the petitioner's representation dated 13.02.2024 by invoking the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.

For Petitioner : Mr.M.P.Senthil for Mr.A.Mohamed Haneef For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.6 2/5

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 6. Considering the nature of relief to be granted, issuance of notice to the respondents 7 to 9 is dispensed with.

2.The petitioner wants encroachment in S.No.4/6, Esanthimangalam North Village, Thovalai Taluk to be removed.

3.We direct the third respondent to conduct survey. If encroachments are noticed, notices shall be given to all the encroachers / interested parties and opportunities should be given to them and they will be removed by adhering to due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 4.This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 10.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/5

To 1.The District Collector / Monitoring Committee, Kanyakumari District, Nagercoil- 629 001.

2.The Revenue Divisional Officer, Thovalai Taluk, 3.The Tahsildar, Thovalai Taluk, 4.The Executive Engineer, Kothaiyar Basin Division, 5.The Assistant Executive Engineer, Kothaiyar Irrigation Division, 6.The Assistant Executive Engineer, Palaiyar Irrigation Sub-Division, Thovalai, 4/5

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 10.01.2025 5/5