Bethalis v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE S.ANANTHI Bethalis .. Petitioner Vs.

1. The Executive Engineer, Public Works Department, PWD Road, Nagercoil,

2. The Assistant Executive Engineer, Public Works Department, Thuckalay and Post,

3. Shyam Augustin

4. Justin Raj .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachment made by respondents 3 and 4 in the canal running through Sy.No.231 of Midalam Village by considering his representation dated 18.11.2020.

For Petitioner :

Mr. Balakrishanan A For Respondents :

Mr. R. Baskaran Standing Counsel for Government For R1 and R2 Ms. Kaviya For T. Balakumaran For R3 Mr. C. Kishore For R4 1/3

ORDER

[Order of the Court was made by The Hon'ble Chief Justice] The grievance of the petitioner is that the private respondents have purported to encroach into a waterbody and divert the water therefrom, much to the chagrin of the residents downstream.

2. Mr.R.Baskaran appears for the first and second respondents and takes notice on their behalf. Mr.Baskaran points out that the second respondent should be able to deal with the matter upon an appropriate representation being made.

3. Ms. Kaviya appears on behalf of the third respondent and Mr.C.Kishore appears on behalf of the fourth respondent. Such respondents completely deny the allegations of encroachment and say that the petition has been instituted on account of personal vendetta of the petitioner against such respondents.

4. Without going into the merits of the allegations levelled, W.P.(MD)No.1305 of 2021 is disposed of by permitting the petitioner herein to carry a detailed representation to the second respondent within a fortnight from date, whereupon the second respondent will consider the same in accordance with law after affording an opportunity of hearing to both the petitioner and the third and fourth respondents. The second respondent should pass a speaking order on the representation within a period of eight weeks from the date of receipt thereof.

5. There will be no order as to costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr To:

1. The Executive Engineer, Public Works Department, PWD Road, Nagercoil, 2/3

2. The Assistant Executive Engineer, Public Works Department, Thuckalay and Post, +1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-25040[F] dated 02/08/2021 ) +1 CC to M/s.C.KISHORE, Advocate ( SR-25042[F] dated 02/08/2021 ) 29.07.2021 ES (CO) LR (06.08.2021) 3P 5C 3/3