Madras High CourtWP(MD)/3154/2015dismissed

V.Kannan, v. The Secretary To The Govt.,

2016-09-19Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.3154 of 2015 V.Kannan .. Petitioner Vs.

1. The Secretary to the Government, Department of Revenue (Land Development), Fort St. George, Chennai -9.

2. The District Collector, Madurai District, Madurai.

3. The Revenue Divisional Officer, North Division, Madurai.

4. The Tahsildar, Vadipatti Taluk, Madurai.

5. The Executive Engineer, Public Works Department, Water Resources Organisation, Periyar - Vaigai Canal Project-2, Madurai -2.

...

Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 2 to 5 to remove the encroachment made in the Thanichiyam Periya Kanmoi and its catchment area of Vadipatti Taluk, on the basis of the petitioner's representation dated 19.01.2015.

For Petitioner : Mr.V.S.Karthi For respondents : Mr.M.Govindan, Special Government Pleader

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] https://hcservices.ecourts.gov.in/hcservices/ The petitioner has come up with this Public Interest Litigation seeking a direction to the respondents 2 to 5 to remove

the encroachment made in Thanichiyam Periyar Kanmoi and its catchment area of Vadipatti Taluk.

2.When the matter was taken up for hearing, the learned Special Government Advocate appearing for the respondents, on instructions, would submit that in the year 2014, survey was conducted and again survey is to be conducted to find out whether there is any encroachment. He would further submit that if there is any encroachment found, by following the procedure established by law and after affording sufficient opportunity to the encroacher, the same will be removed by the respondents. The said statement is recorded.

3.Recording the above submission of the learned Special Government Pleader, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To