Gnanasekar v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.13401 of 2018 Gnanasekar ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

3.Ganesan 4.Subramanian, 5.Petchammai ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to remove the encroachments made in the Periya Oorani Kanmai in S.No.43, Rettaiyan Kanmai and water catchment area of the said Kanmai in S.No.3 and Varathu Channel in S.No.44/1 at Ranasingapuram, Thiruppathur Taluk, Sivagangai District.

For Petitioner :

Mr.A.V.Rajasekaran For Respondents 1 & 2:

Mr.N.Shanmugaselvam Additional Government Pleader For 3rd Respondent :

Mr.R.Sureshkumar For 4th Respondent :

Mr.T.Venkadesh For 5th Respondent :

Mr.T.Kumar

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) This writ petition has been filed seeking a direction to the 1st and 2nd respondents to remove the encroachments made in the Periya Oorani Kanmai in S.No.43, Rettaiyan Kanmai and water catchment area of the said Kanmai in S.No.3 and Varathu Channel in https://hcservices.ecourts.gov.in/hcservices/

S.No.44/1 at Ranasingapuram, Thiruppathur Taluk, Sivagangai District.

2.Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 and 2, the learned counsels for the respondents 3 to 5.

3.We are not inclined to entertain the Writ Petition since there is no contra submission made on the one made by the 5th respondent that the petitioner has contested in the election for the association of farmers meant to private irrigation against the 5th respondent's son. We also see the photographs produced to show that the houses have been put up long back. There is also 107 proceedings pending between the parties.

4.In view of the above, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-III) To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

+ 1 CC TO MR.A.V.RAJASEKARAN, ADVOCATE IN SR NO.83602 + 1 CC TO MR.T.KUMAR, ADVOCATE IN SR NO.83903 + 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.84098 SJ BU/SKN/SAR-III :12.10.2018 : 2P/6C W.P.(MD) No.13401 of 2018 11.09.2018 https://hcservices.ecourts.gov.in/hcservices/