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Madras High CourtWMP(MD)/5626/2021closed

Bensingh.P v. The District Collector

2021-04-01Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

WMP(MD) No.5626 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the First day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.M.SUNDRESH and The Hon`ble Mrs.Justice S.ANANTHI WMP(MD) No.5626 of 2021 IN WP(MD)No.7448 of 2021 P.BENSINGH ... PETITIONER/ PETITIONER Vs 1 THE DISTRICT COLLECTOR KANYAKUMARI DISTRICT, AT NAGERCOIL.

2 THE DISTRICT REVENUE OFFICER NAGERCOIL, KANYAKUMARI DISTRICT.

3 THE ASSISTANT DIRECTOR (TOWN PANCHAYAT), NAGERCOIL, KANYAKUMARI DISTRICT.

4 THE SUB COLLECTOR PADMANABHAPURAM, KANYAKUMARI DISTRICT.

5 THE TAHSILDAR VILAVANCODE TALUK,KANYAKUMARI DISTRICT.

6 THE EXECUTIVE OFFICER KADIYAL PANCHAYAT, KANYAKUMARI DISTRICT.

... RESPONDENTS/ RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of Interim Direction respondents the respondents to permit the petitioner to clean and deepen the pond situated in Survey No.347/1,2 of Kadayal Panchayat, Vilavancode Taluk, Kanyakumari District under the supervision of the 6th respondent at our own cost pending disposal of this writ petition and thus render justice.

Prayer in WP(MD). 7448/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Mandamus, or any other https://hcservices.ecourts.gov.in/hcservices/ 1/2

WMP(MD) No.5626 of 2021 writ or order or direction of a like nature directing the respondents to permit the petitioner and his villagers to maintain including deslitting, cleaning and deepening the pond situated in Survey No.347/1,2 of Kadayal Panchayat, Vilavancode Taluk, Kanyakumari District at our own cost under the supervision of the respondents without causing any damage to the pond and any financial implication to the exchequer by considering the representation of the petitioner dated 03/03/2021 within a stipulated time fixed by this Hon'ble Court.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.C.HEROLD SINGH, Advocate for the petitioner and of Mr.K.P.KRISHNADASS, Special Government Pleader on behalf of the Respondents 1 to 5, the court made the following order:- The question of granting direction would arise at the time of deciding the writ petition. Accordingly, this petition is closed. sd/- 01/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT COLLECTOR KANYAKUMARI DISTRICT, AT NAGERCOIL.

2 THE DISTRICT REVENUE OFFICER NAGERCOIL, KANYAKUMARI DISTRICT.

3 THE ASSISTANT DIRECTOR (TOWN PANCHAYAT), NAGERCOIL, KANYAKUMARI DISTRICT.

4 THE SUB COLLECTOR PADMANABHAPURAM, KANYAKUMARI DISTRICT.

5 THE TAHSILDAR VILAVANCODE TALUK,KANYAKUMARI DISTRICT.

6 THE EXECUTIVE OFFICER KADIYAL PANCHAYAT, KANYAKUMARI DISTRICT.

ORDER IN WMP(MD) No.5626 of 2021 IN WP(MD)No.7448 of 2021 RR Date :01/04/2021 MS/PN/SAR-2/15.04.2021/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2