Madras High CourtWP(MD)/7201/2019disposed of

P.Vadivelan, v. The Executive Engineer,

2019-04-16Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS. JUSTICE R.THARANI Writ Petition(MD)No.7201 of 2019 P.Vadivelan .. Petitioner Vs.

1.The Executive Officer, Melur, Madurai District.

2.The Assistant Executive Engineer, Melur, Madurai District-02.

3.The Taluk Surveyor, Melur Taluk, 4.Sasikumar 5.Bose ..Respondents Prayer:Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the 2nd respondent to remove the encroachments made by the 4th and 5th respondents and others in Ilukkakudi Kanmoi comprised in S.No.65 in Arittapatti Village in Melur Taluk in Madurai District , after getting the report from the 3rd respondent and also issue necessary forms as accordance with the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act 2007 and its Rules.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.VR.Shanmuganathan Special. Govt. Pleader for R-1 to R-3 No appearance for RR-4 & 5

ORDER

[Order of the Court was made by K.KALYANASUNDARAM, J] The prayer in the writ petition is to issue a writ of mandamus directing the second respondent to remove the encroachment made by the 4th and 5th respondents and others in Ilukkakudi Kanmoi comprised in S.No.65 in Arittapatti Village in Melur Taluk in 2.Heard Mr.R.Suriyanarayanan, learned counsel for the petitioner, Mr.VR.Shanmuganathan, learned Special Government Pleader for the respondents 1 to 3. Notice sent to the respondents 4 and 5 has been returned as 'refused' and none appears for them. 3.The learned Special Government Pleader, by producing a letter of the second respondent, dated 28.03.2019 would submit that a request has been given to the Tahsildar, Melur to survey the land and issue Form I and after receiving the report and Form I, the second respondent would issue Form II and III and remove the encroachment.

4.Taking note of the above facts, this Court is of the view that if any encroachment is found, as per the report of the Tahsildar, the second respondent shall take further action to remove the encroachment within a period of three months therefrom. 5.With the above direction, writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS ) vs To 1.The Executive Officer, Melur, Madurai District.

2.The Assistant Executive Engineer, Melur, Madurai District-02.

3.The Taluk Surveyor, Melur Taluk, 1 CC to M/s.R.SURIYANARAYANAN, Advocate ( SR-61190[F] dated 16/04/2019 ) +1 CC to M/s.SPL GP ( SR-61623[F] dated 22/04/2019 ) Writ Petition (MD)No.7201 of 2019 16.04.2019 DS/ /SAR- (29.04.2019) 3P 6C