T. Munusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI T.Munusamy ... Petitioner Vs.

1.The District Collector, Thanjavur District.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

3.The Tahsildar, Pattukottai, Thanjavur District.

4.The Assistant Engineer, Water Resources Department, Kallanai Basin Division, Edaiyathi, Pattukottai Taluk, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent to act upon the 1/4

recommendation made by the fourth respondent vide his letter in Kaditha Ko.No.9/2024/U.Po.E/ dated 08.11.2024 so as to ensure that the flow of water in the water Channel in Survey Nos.162/1 and 162/4 flying from Kuruchi Tank, Kuruchi Revenue Village, Pattukottai Taluk, Thanjavur District and Consequently direct the fourth respondent to remove the unwanted coconut saplings as referred to in the above said letter as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents. 2.The petitioner herein had earlier filed W.P(MD)No.5320 of 2020 for removing the encroachments in the petition mentioned water channel. The writ petition was disposed of by this Bench on 27.10.2024. Even though we had stipulated the time limit of five (5) months for removal of encroachments, till date the encroachments are not removed. The issue has been entangled in correspondence among the various officials.

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3.We direct the fourth respondent to forthwith remove the petition mentioned encroachments. The second respondent is directed to extend her fullest co-operation for removal of encroachments. 4.This writ petition is allowed accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 24.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Thanjavur District.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

3.The Tahsildar, Pattukottai, Thanjavur District.

4.The Assistant Engineer, Water Resources Department, Kallanai Basin Division, Edaiyathi, Pattukottai Taluk, Thanjavur District.

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

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