Madras High CourtWP(MD)/3055/2022disposed of

Pasupathy .S v. The District Collector

2022-11-24Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.3055 of 2022 S.Pasupathy ... Petitioner -Vs1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

3.P.Marinathan 4.Vinitha ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to remove the

encroachment done by the respondents 3 and 4 obstructing the water channel running under S.Nos.126/1A, 126/1B1, 126/3 & 126/2 for consequential order. For Petitioner : Mr.K.R.Laxman For R1 and R2 : Mr.S.P.Maharajan, Special Government Pleader For R3 and R4 : Mr.C.Arul Vadivel @ Sekar

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition is filed seeking issuance of Writ of Mandamus, to direct the respondents 1 and 2 to remove the encroachment made by the respondents 3 and 4, obstructing the water channel running through S.Nos.126/1A, 126/1B1, 126/3 & 126/2 within a time frame. 2.Today, when the matter was taken up for hearing, the learned Special Government Pleader for the respondents 1 and 2 has produced the written communication of the 2nd respondent dated 08.03.2022 vide proceedings in Na.Ka.B2/1515/2022, addressed to him and submitted that there are no

encroachments as alleged by the petitioner and the lands in question are nothing but private patta lands.

3.At this juncture, the learned counsel for the petitioner seeks liberty to approach the authorities concerned pointing out the encroachments made in the public property.

4.In view of the above, recording the aforesaid communication of the 2nd respondent dated 08.03.2022 and granting such liberty to the petitioner to approach the authorities concerned, this Writ Petition stands disposed of. No costs.

[R.M.D., J.] & [J.S.N.P., J.] 24.11.2022 Index : Yes / No Internet : Yes / No Myr

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr To 1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

W.P.(MD)No.3055 of 2022 24.11.2022