A.Mari Muthu, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P(MD)No.1420 of 2018 and W.M.P.(MD)Nos.1477 and 1478 of 2018 A.Maria Muthu ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli-627 009.

2.The Assistant Engineer, Public Works Department, Water Resource Organisation, Irrigation Division, Tenkasi, Tirunelveli District.

3.The Executive Engineer, TANGEDCO, Tenkasi, Tirunelveli District.

4.The Junior Engineer, TANGEDCO, Veerakeralampudur, Tirunelveli District.

5.The Tahsildar, Taluk Officer, Veerakeralampudur, Tirunelveli District.

6.B.Antonysamy 7.A.Hariharan 8.Govindan 9.Seenipandi 10.Murugiah Thevar 11.Thirumalaisamy 12.Velladurai 13.Immanuel ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 to 13 and others in entire Kurukkal Kulam Tank and water way situated at Rajagopalaperi Panchayat, Veerakeralampudur Taluk, Tirunelveli District based on the Petitioner's representations dated 21.12.2017, 22.12.2017, 30.12.2017 and 04.01.2018.

For Petitioner : Mr.T.Selvan For RR 1, 2 & 5 : Mr.C.M.Mari Chelliah Prabu, Additional Government Pleader.

For RR 3 & 4 : Mr.G.Kasinathadurai

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J.) By consent, the Writ Petition itself is taken up for final disposal.

2.Mr.C.M.Marichelliah Prabhu, learned Additional Government Pleader, accepts notice on behalf of the respondents 1, 2 and 5. 3.The petitioner, who claims to be a resident of Veerakerlampudur Village and also an agriculturist of Rajagopalaperi Village, came forward to file this Writ Petition styled as a 'Public Interest Litigation' stating among other things that three tanks, namely Arunthavapirattikulam, Kovil Kulam and Kurukkal Kulam are situated at Rajagopalaperi Panchayat, Veerakeralampudur Taluk, Tirunelveli District and the water stored in the said Tanks is not only used for drinking purpose, but also for agricultural purpose. 4.The grievance expressed by the petitioner is that 11th and 12th respondents had encroached upon Kurukkal Kulam Tank in Survey Nos.

91, 92 and 93 situated in the said Panchayat and thereby obstructed the flow of water from Kurukkal Kulam Tank and they have also encroached upon the water catchment area. The petitioner in this regard submitted representations, dated 20.12.2017, 21.12.2017, 22.12.2017, 30.12.2017 and 04.01.2018, to the concerned respondents and despite receipt and acknowledgment, response is not at all forthcoming and left with no other option, the petitioner is constrained to approach this Court by filing this Writ Petition. 5.This Court has heard the rival submissions and perused the materials placed before this Court.

6.Though the petitioner prays for a larger relief, this Court, in the light of the aforesaid facts and circumstances of the case and without going into the merits of the claim projected by the

petitioner either in his representation or in the writ petition, directs the second respondent to cause inspection of Arunthavapirattikulam, Kovil Kulam and Kurukkal Kulam at Rajagopalaperi Panchayat, Veerakeralampudur Taluk, Tirunelveli District, within a period of four weeks from the date of receipt of a copy of this order and if the inspection reveals that there are encroachment, put the encroachers on notice thereafter and take action to evict the encroachers in accordance with law within a further period of twelve weeks thereafter and communicate the decision taken, to the petitioner as well as to the encroachers. 7.The writ petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli-627 009.

2.The Assistant Engineer, Public Works Department, Water Resource Organisation, Irrigation Division, Tenkasi, Tirunelveli District.

3.The Tahsildar, Taluk Officer, Veerakeralampudur, Tirunelveli District.

4.The Executive Engineer, TANGEDCO, Tenkasi, Tirunelveli District. 5.The Junior Engineer, TANGEDCO, Veerakeralampudur, Tirunelveli District.

+One cc to Mr.T.Selvan, Advocate, SR.No.44269 ps/vsg RL/7C/3P/KKR/SAR4/12/2/2018 W.P(MD)No.1420 of 2018 and W.M.P.(MD)Nos.1477 and 1478 of 2018 25.01.2018