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Madras High CourtWP(MD)/8190/2020disposed of

M.Samsu v. The District Collector

2022-11-09Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.8190 of 2020 and W.M.P.(MD)Nos.7610, 7611, 14859 & 15711 of 2020 M.Samsu ... Petitioner -Vs1.The District Collector, Ramanathapuram District, 2.The District Revenue Officer, Ramanathapuram District, 3.The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Paramakudi, 4.The District Forest Officer, O/o. the District Forest Office,

Mandapam Road, 5.The Executive Engineer, Public Works Department, Gundar Basin Division, Madurai - 02.

6.TheTahsildar, Kadaladi Taluk, 7.V.Rajendran 8.V.Velusamy ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent Nos.1 to 6 to remove the encroachment made by the respondents No.7 and 8 in Periya Kanmai Porampoke and its water resource area in survey Nos.1/6-10, 2/7-15, 3/1-6, 4/1-2, 5/1-3, 6, 7, 8, 9/1-2, 10, 11, 12, 13, 14-1-2, 16,17/1-4, 18/1-4, 19,23/1-2 and 31 situated at Periyakanmai, Sayalkudi, Kadaladi Taluk, Ramnad District, within a time frame. For Petitioner : Mr.T.Thirumurgan For R1 to R6 : Mr.S.P.Maharajan, Special Government Pleader.

For R8 : Mr.D.Balamurugapandi

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the respondents 7 and 8 in Periya Kanmai Porampoke and its water resource area in survey Nos.1/6-10, 2/7-15, 3/1-6, 4/1-2, 5/1-3, 6, 7, 8, 9/1-2, 10, 11, 12, 13, 14-1-2, 16,17/1-4, 18/1-4, 19, 23/1-2 and 31 situated at Periyakanmai, Sayalkudi, Kadaladi Taluk, Ramnad District, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 6 submitted that after conducting a proper enquiry, the encroachment in the place in question, if any, would be removed by the authorities concerned by due process of law within a time frame, for which, the learned counsel for the petitioner is agreeable.

3. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to remove the encroachment in the place in question, if any, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are also closed.

[R.M.D., J.] & [J.S.N.P., J.] 09.11.2022 Index :

Yes / No Internet : Yes / No vsm

To 1.The District Collector, Ramanathapuram District, 2.The District Revenue Officer, Ramanathapuram District, 3.The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Paramakudi, 4.The District Forest Officer, O/o. the District Forest Office, Mandapam Road, 5.The Executive Engineer, Public Works Department, Gundar Basin Division, Madurai - 02.

6.TheTahsildar, Kadaladi Taluk,

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

VSM W.P.(MD)No.8190 of 2020 09.11.2022