A. Michel Raj, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2021

CORAM

THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and M.P.(MD) Nos.1 and 2 of 2013 A.Michel Raj ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, 3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Wind Mill Farm, Maharaja Nagar, Tirunelveli, Tirunelveli District.

4.The Executive Engineer, Public Works Department, Chittar Water Basin, 5.M/s.Leif Wind Shiram Manufacturing Ltd., 18/3, Rukmani Laksmipathy Road, ChigappiAchi Building 4th Floor Egmore, Chennai - 8.

6.M/s.Madras Medical Mission Ltd., 4-A, Dr.J.Jayalalithanagar, Mugappair, Chennai - 600 037.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 4 to take immediate action for removing the encroachment of the respondents 5 & 6 made in the Kurukkal Tank, situating in Survey No.98, Rajagopalaperi Village, Veerakeralam Pudur Taluk, Tirunelveli District and consequently direct the respondents 1 to 4 to restore the above tank in its original condition within the stipulated time prescribed by this Hon'ble High Court.

For Petitioner : Mr.M.Satheesan For Respondent Nos.1 to 4 : Mr.A.K.Manickam, Standing Counsel for Government For Respondent Nos.5 & 6 : Mr.T.Antony Arul Raj 1/3

O R D E R

(Order of the Court was made by T. S. SIVAGNANAM, J.) This Writ Petition has been filed praying for a direction upon respondent Nos.1 to 4 to take immediate action on the alleged encroachment made by respondent Nos.5 and 6.

2.The Writ Petition is of the year 2013 and notice was issued on 14.08.2013 and listed today for the first time after the said date.

3.Learned counsel for the respondent Nos.5 and 6 submitted that the Wind Mill has been given necessary permission and the Wind Mill has also started operation.

4.In any event, the representation cannot be directed to be considered at this distant point of time because there has been subsequent developments. If the petitioner still has grievance, he shall approach the appropriate authorities by way of submitting representation.

5.The Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sj 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, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, 2/3

3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Wind Mill Farm, Maharaja Nagar, Tirunelveli, Tirunelveli District.

4.The Executive Engineer, Public Works Department, Chittar Water Basin, +1 CC to M/s.SPL GP ( SR-21735[F] dated 08/07/2021 ) +1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-21605[F] dated 08/07/2021 ) 07.07.2021 RD(19.07.2021) 3P 7C 3/3