← Library
Madras High CourtWP(MD)/2204/2021disposed of

Elangovan.N v. The District Collector

2021-02-09Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.2204 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.2204 of 2021 N.Elagovan : Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

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

3.The Tahsildar, Papanasam Taluk, Thanjavur District.

4.The Block Development Officer, Ammapettai, Thanjavur District.

5.The President, Raramuthiraikottai, Thanjavur District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to take appropriate action against the encroachers who have made encroachments upon the Ayyanarkulam water tank situated in S.No.78/1, the Chokkulam water tank situated in S.No.67/1, the Pallikondorkulam water tank situated in S.No.128B/1, the Gangaiyammalkulam water tank situated in S.No.149 and the Renganayagi mandabam kulam situated in S.No.1529C in Raramuthirai kottai revenue village, Papanasam Taluk, Thanjavur District, by considering the petitioner's representation dated 05.07.2019. For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader for R.1 to R.3 Mr.M.Karuppasamy for R.4 & R.5

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner gave several representations to the respondents https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2204 of 2021 seeking appropriate action to remove the encroachment. The said representations had been given to all the respondents. In the communication sent by the third respondent, it has been stated that survey and measurement work is on, but, in view of the standing crops and the pandemic situation, the work could not be proceeded with. This communication was sent last year. Now, things have changed.

2. In such view of the matter, we direct the respondents, particularly, the respondents who are competent to take action, to take appropriate action to remove the encroachments, after following due process of law, within a period of six weeks from the date of receipt of a copy of this order, after putting the parties on notice. We make it clear that the earlier statement from the third respondent with respect to the standing crops and the pandemic situation shall not stand in the way of giving effect to our order.

3. In fine, this writ petition stands disposed of. No costs. Sd/- Assistant Registrar (crl) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The District Collector, Thanjavur District,Thanjavur.

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

3.The Tahsildar, Papanasam Taluk,Thanjavur District.

4.The Block Development Officer, Ammapettai, Thanjavur District.

5.The President, Raramuthiraikottai, Thanjavur District.

+1 CC to M/s.SPL GP ( SR-4296[F] dated 10/02/2021 ) W.P.(MD)No.2204 of 2021 09.02.2021 ES(CO) KB(23.02.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2