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Madras High CourtWP(MD)/8362/2023disposed of

K.Rajagopal v. The District Collector

2023-07-12Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi6 pages

1 W.P.(MD)NO.8362 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.8362 of 2023 AND W.M.P.(MD)No.7702 of 2023 K.Rajagopal ... Petitioner Vs.

1. The District Collector,

2. The Assistant Director, Town and Country Planning, Pudukkottai District.

3. The Assistant Director of Panchayat,

4. The Block Development Officer(Panchayat), Ponnamaravathi Block,

5. The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.

6. The Divisional Engineer, State Highways Department, Construction cum Maintenance, 1/5

2 W.P.(MD)NO.8362 OF 2023 Thirumayam, Pudukkottai District.

7. The Executive Engineer, Public Works Department, Water Resource Management, South Vellar Zone,

8. The District Engineer, Tamil Nadu Pollution Control Board, No.1, SIPCOT,

9. Dhanalakshmi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 7 to remove the encroachment made by the 9th respondent across the channel leading to Sundaram Kanmai and also direct the respondents 1 to 8 to take appropriate action as against the 9th respondent for not obtaining permission from any of the authority for running cardboard factory in the name of Singa package situated at Sundaram Village, Ponnamaravathi Taluk, Pudukkottai District by considering petitioner's representation dated 28.02.2023 For Petitioner : Mr.A.Arul Jenifer For R-1 to R-7 : Mr.K.Balasubramani, Special Government Pleader.

For R-8 : Mr.Vijaya Kumar Natarajan For R-9 : Mr.R.Saravanan * * * 2/5

3 W.P.(MD)NO.8362 OF 2023

O R D E R

Heard the learned counsel on either side.

2. The petitioner has alleged that the ninth respondent had encroached on the petition mentioned water-body.

3. The fifth respondent is directed to enquire into the said complaint and ensure that the water-body is not affected. If any encroachment is made, the same shall be removed after following due process of law. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 12th JULY 2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.8362 OF 2023 To:

1. The District Collector,

2. The Assistant Director, Town and Country Planning, Pudukkottai District.

3. The Assistant Director of Panchayat,

4. The Block Development Officer(Panchayat), Ponnamaravathi Block,

5. The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.

6. The Divisional Engineer, State Highways Department, Construction cum Maintenance, Thirumayam, Pudukkottai District.

7. The Executive Engineer, Public Works Department, Water Resource Management, South Vellar Zone, 4/5

5 W.P.(MD)NO.8362 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.8362 of 2023 12.07.2023 5/5

6 W.P.(MD)NO.8362 OF 2023 6/5