Paulpandy.R v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI (Through Video Conferencing) R.Paulpandy : Petitioner Vs.

1.The District Collector Thoothukudi District, Thoothukudi.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thoothukudi.

4.The Tahsildar Ootapidaram Taluk Thoothukudi District.

5.The President Paraikuttam Panchayat, Ottapidaram Taluk Thoothukudi District.

6.Suzlan Energy Ltd., Authorised by its Branch Manager, New Bus Stand NGO Colony Tirunelveli : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 to 5 herein to remove the encroachment made by the 6th respondent in S.Nos.104/2, 107/1, 108/1 144 and 261 in Paraikuttam Village, Ootapidaram Taluk, Thoothukudi District and restore the water channel (Odai) as earlier and take appropriate action against the 6th respondent by way of considering the petitioner's representation dated 18.02.2021.

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For Petitioner : Mr.V.M.Jegadheeshapandian For Respondents : Mrs.J.Padmavathi Devi for R1 to R4 Special Government Pleader Mr.A.Karthick for R5 Mr.M.Ajmalkhan for M/s.Ajmal Associates for R6 (Senior Counsel)

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Though the petitioner has filed this Public Interest Litigation seeking action against the unauthorised putting up a wind mill, by the respondent No.6, contrary to law and by encroaching the public land, taking into consideration of the pendency of the aforesaid representation made on 18.02.2021, we call upon the respondent No.1 to look into the same and pass appropriate orders, after issuing notice to both sides, within eight weeks from the date of receipt of a copy of this order.

2. The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector Thoothukudi District, Thoothukudi.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

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3.The Revenue Divisional Officer, Revenue Divisional Office, Thoothukudi.

4.The Tahsildar Ootapidaram Taluk Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-12957[F] dated 23/03/2021 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-13101[F] dated 23/03/2021 ) Order made in Dated: 22.03.2021 CG (27.04.2021) 3P 7C 3/3