C.Sevugan, S/O.Chinnayiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2017

CORAM:

THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.[MD].No.22965 of 2015 C.Sevugan : Petitioner Vs.

1. The District Collector Collectorate Complex,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Devakottai.

3. The Tahsildar Taluk Office, Thiruppathur,

4. The President, Panchayat Union Office, S.V.Mangalam, Thiruppathur, Sivagangai District 5.P.Selvam 6.V.Senthil : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's application dated 16.11.2015 seeking eviction in S.F.No.356 on the Western Bank of the Mangala Oorani in S.V.Mangalam, Thiruppathur Taluk and also direct the 2nd and 3rd respondents to take appropriate action to evict the encroachments made by the 5th and 6th respondents in S.F.No.356 in Mangala Oorani Poramboke in S.V.Mangalam, Thiruppathur Taluk, after issuing proper notice to the 5th and 6th respondents in accordance with law.

For Petitioner : Mr.S.Arivalagan For Respondents- 1 to 3 : Mr.M.Govindan Special Government Pleader For respondents 4 to 6 : No appearance

O R D E R

*********** [Order of the Court was made by PUSHPA SATHYANARAYANA, J] The Writ Petition has been filed by the petitioner to consider the representation dated 16.11.2015 seeking removal of encroachments in S.F.No.356 on the Western Bank of the Mangala Oorani by directing the 2nd and 3rd respondents to evict the encroachments made by the 5th and 6th respondents.

2. It is stated by the petitioner that the 5th and 6th respondents have put up temporary structures, namely, huts at the banks of the water body and the authorities have not taken care to evict them. Hence, a representation has been given.

3. The learned Special Government Pleader appearing for the respondents 1 to 3 undertakes to conduct an enquiry, after giving due notice to the 5th and 6th respondents and if there are objectionable stale encroachments made on the water bodies, they will be removed from the said survey number.

4. Accordingly, the respondent No.3 is directed to complete the said exercise within a period of eight weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To

1. The District Collector Collectorate Complex,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Devakottai.

3. The Tahsildar Taluk Office, Thiruppathur, +1 cc to The Special Government Pleader in SR.No.68331 RR AE/SKN RSK/SAR1/03.08.2017/3P/5C ORDER MADE IN W.P.[MD].No.22965 of 2015 25.07.2017