Madras High CourtCRL OP(MD)/23438/2014disposed of

Duraipandian v. The District Collector

2018-10-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.23438 of 2014 Duraipandian

...Petitioner

Vs.

1.The District Collector Tiruchirappalli District Tiruchirappalli 2.The Revenue Divisional Officer Srirengam Tiruchirappalli District 3.The Tahsildar Srirengam Taluk Srirengam Tiruchirappalli District

...Respondents

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the respondents to take appropriate action for removal of public nuisance and encroachments as per Section 133 of Cr.P.C., on the basis of the petitioner's representation, dated 19.09.2014.

For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondents to take appropriate action for removal of public nuisance and encroachments as per Section 133 of Cr.P.C., on the basis of the petitioner's representation, dated 19.09.2014. 2.The learned counsel appearing fot the petitioner would submit that the irrigation channel flowing through the Villages Nachikurichi, Somarasampettai, Veeranginallur, Perungudi and Malliyampathu has been occupied by many encroachers. Therefore, the petitioner submitted his representation to remove the encroachments to the second respondent on 11.08.2011. On receipt of the same, the second respondent has directed the third respondent to take https://hcservices.ecourts.gov.in/hcservices/

appropriate action for removal of public nuisance and the encroachments. Even then, the said representation was not considered.

3.The learned Government Advocate (Crl.Side) would submit that the representation is pending with the third respondent. 4.Considering the facts and circumstances of the case, the third respondent is directed to take appropriate action on merits in accordance with law, based on the representation dated 19.09.2014 and pass appropriate orders to remove the public nuisance and encroachments, if any, in the irrigation channel flowing through the Villages Nachikurichi, Somarasampettai, Veeranginallur, Perungudi and Malliyampathu, within a period of four weeks from the date of receipt of a copy of this order.

5.With this observation, this criminal original petition is disposed of.

Sd/- Assistant Registrar (AD-I) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The District Collector Tiruchirappalli District Tiruchirappalli 2.The Revenue Divisional Officer Srirengam Tiruchirappalli District 3.The Tahsildar Srirengam Taluk Srirengam Tiruchirappalli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.23438 of 2014 03.10.2018 MSA RAM-KK/RP/SAR 3/10.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/