Sakthivel, S/O.Muthu, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD) No.6226 of 2018 Sakthivel ... Petitioner -vs1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Thasildhar, Taluk Office, Thirumayam, Pudukkottai District.

3.Muthu ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 2 herein to remove the illegal encroachments made in the government public pathway by the 3rd respondents in respect of the public pathway comprised in survey No.122/2B which existing situated at Vambarampatti Village, (Pillaiyavayal), Thirumayam Taluk, Pudukkottai District.

For Petitioner :

Mrs.A.Banumathy For Respondent :

Mr.V.R.Shanmuganathan, Spl.G.P.

For R1 and R2

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM, J.) Heard Ms.A.Banumathy, learned counsel appearing for the petitioner and Mr.V.R.Shanmuganathan, learned Special Government Pleader accepting notice on behalf of the respondents 1 and 2. In the light of the orders we propose to pass, notice to the third respondent is dispensed with.

2.The petitioner has filed this writ petition on his behalf and on behalf of the other villagers residing in Vambarampatti Village, (Pillaiyavayal), Thirumayam Taluk, Pudukkottai District. The https://hcservices.ecourts.gov.in/hcservices/

allegation is that about 15 days back, the third respondent has encroached into a water channel and obliterated the same with earth moving equipments. Therefore, representation was given to the first and second respondents on 12.02.2018 and 15.02.2018 respectively. Representation given to the first respondent has been acknowledged by the office of the District Collector, Pudukottai on 12.02.2018 and the representation appears to have been forwarded to the second respondent for appropriate action.

3.Since we are disposing of the writ petition at the admission stage without notice to the third respondent, we are not inclined to issue any positive direction to remove the encroachment. However, since there is a complaint that the encroachment is on a water channel, the second respondent should look into the grievances expressed by the petitioner.

4.Accordingly, we dispose of the writ petition by directing the second respondent to look into the grievance of the petitioner as expressed in his representation dated 15.02.2018 after notice to all concerned, in particular to the third respondent and appropriate decision be taken in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. The petitioner is directed to submit to another representation including the copy of this order to the second respondent in person. 5.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Thasildhar, Taluk Office, Thirumayam, Pudukkottai District.

+1CC to M/s.A.Banumathy, Advocate, SR.No. 57367 +1CC to the Special Government Pleader SR.No.57990 W.P.(MD) No.6226 of 2018 23.03.2018 Arul AM/KK/SAR 4/04.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/