M.Ananthi, W/O Murugan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4494 of 2015 and M.P(MD) No.1 of 2015 M.Ananthi ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub-Collector, Cheranmagadevi, Tirunelveli District.

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

4.The Executive Engineer, PWD, WRO, Kothaiyaru Basin Division, Nagercoil, Kanyakumari District.

5.The Assistant Engineer, PWD, WRO,Palaiyar Sub-Division, Vadakkankulam, Radhapuram Taluk, Tirunelveli District.

6.I.Krishnapillai, CAPE Institute of Technology, Levenjipuram, Radhapuram Taluk, Tirunelveli District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct respondents 1 to 5 to remove the construction made by the sixth respondent by encroaching Radhapuram Channel promboke land in the northern side of the petitioner's land in Survey No.1247/1C measuring 1 acre 57 cents at Levenjipuram Village, Radhapuram Taluk, Tirunelveli District in the light of the direction given by https://hcservices.ecourts.gov.in/hcservices/

the first respondent to the second respondent in X.K.e.f.vz;.Xs6/52459/2014, dated 07.01.2014 based upon the petitioner's representation dated15.12.2014.

For Petitioner : Mr.R.Anbarasu For Respondents : Mr.M.Govindan, Special Govt.Pleader for RR1 to 5 Mr.S.Palani Velayutham for R6

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) This writ petition has been filed for removal of encroachments in Radhapuram Channel stated to have been committed by the sixth respondent. He has already given a representation in this regard. But, no action has been taken so far. Hence, this writ petition came to be filed.

2.This Court directs the 3rd and 4th respondents to enquire into the matter and if any encroachment is noticed, the same shall be removed in accordance with law after issuing notice to the sixth respondent. Statutory procedure shall be followed. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 3.This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Sub-Collector, Cheranmagadevi, Tirunelveli District. 3.The Tahsildar, Radhapuram Taluk, Tirunelveli District. 4.The Executive Engineer, PWD, WRO, Kothaiyaru Basin Division, Nagercoil, Kanyakumari District.

5.The Assistant Engineer,PWD, WRO,Palaiyar Sub-Division, Vadakkankulam,Radhapuram Taluk, Tirunelveli District. +1CC to Mr.S.R.Anbarasu, Advocate, SR.No. 76029 +1CC to Mr.S.Palanivelayutham, Advocate, SR.No.76026 +1CC to the Special Government Pleader SR.No. 76231 W.P(MD)No.4494 of 2015 and M.P(MD) No.1 of 2015 01.09.2017 https://hcservices.ecourts.gov.in/hcservices/ Skm/Arul AM/MR KKR/SAR 1/26.09.2017/2P/9C