T. Pitchai Kannu, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2015

CORAM:

THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR. JUSTICE V.S.RAVI W.P.(MD)No.4110 of 2015 T.Pitchai Kannu ... Petitioner Vs.

1.The District Collector, Tutuciroin District.

2.The Joint Director of Panchayats, Tirunelveli Region, Tirunelveli 627 009.

3.The Revenue Divisional Officer, Kovilpatti Revenue Division, 4.Tahsildar, Kovilpatti Taluk, 5.The Executive Officer, Kalugumalai Panchayat, Kovilpatti Taluk, 6.Chandran ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments in Vannar Oorani and rain water channel in Survey No.130/2 and Salavai Thurai in Survey No.19 of Kalugumalai Panchayat, Kovilpatti Taluk, Tuticorin District and also to prevent the contaminated drainage water from coming to the above said Vannar Oorani.

For Petitioner : Mr.P.Subbiah For Respondents : Mr.B.Pugalenthi, Spl.G.P.for R1 to 4

O R D E R

(Order of this Court was made by S.TAMILVANAN,J.) The Writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of

Mandamus, directing the respondents 1 to 5 to remove the encroachments in Vannar Oorani and rain water channel in Survey No.130/2 and Salavai Thurai in Survey No.19 of Kalugumalai Panchayat, Kovilpatti Taluk, Tuticorin District and also to prevent contaminated drainage water from coming to the above said Vannar Oorani.

2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 4.

3.Learned counsel appearing for the petitioner drew the attention of this Court to the copy of the representation dated 28.07.2015 wherein the petitioner stated that encroachments in Vannar Oorani and rain water channel in Survey No.130/2 and Salavai Thurai in Survey No.19 of Kalugumalai Panchayat, Kovilpatti Taluk, Tuticorin District and also to prevent contaminated drainage water from coming to the above said Vannar Oorani.

4.Having gone through the averments made in the accompanying affidavit and the submissions made by the learned counsel appearing for the petitioner, we find it just and reasonable to direct the respondents 1 to 5 to consider the representation of the petitioner.

5.Accordingly, the respondents 1 to 5 are directed to consider the representation of the petitioner dated 28.07.2014 after conducting enquiry and pass appropriate orders according to law within a period of six weeks from the date of receipt of a copy of this order. The Writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tutuciroin District.

2.The Joint Director of Panchayats, Tirunelveli Region, Tirunelveli 627 009.

3.The Revenue Divisional Officer, Kovilpatti Revenue Division,

4.Tahsildar, Kovilpatti Taluk, 5.The Executive Officer, Kalugumalai Panchayat, Kovilpatti Taluk, +1cc to Mr.P.Subbiah, Advocate Sr.No.14285 +1cc to Spl.Government Pleader in Ssr.No.14529 nbj AA/16.04.2015/3p- 8c/ W.P.(MD)No.4110 of 2015 24.03.2015