Srinivasan.D v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI D.Srinivasan ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, RDO Office, District Collector Office Campus, Madurai.

3.The Tahsildar, Vadipatti, Madurai District.

4.The Executive Officer, Vadipatty Selection Grade Town Panchayat, Madurai District.

(R4 suomotu impleaded vide Court order, dated 15.07.2021) ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to desilting Ettikulam Kanmai and its channel is situated in S.No.137 in Kulasekarankottai Village, Vadipatty Taluk, Madurai District and consider the petitioner's representation, dated 07.04.2021. For Petitioner : Mr.S.Sivakumar For R-1 to R-3 : Mr.R.Baskaran Standing counsel for Government -----

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.S.Sivakumar, learned counsel appearing for the petitioner, Mr.R.Baskaran, learned Standing counsel for Government appearing for the respondents 1 to 3.

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2.For effective implementation of the directions to be issued in this writ petition, we suo-motu, implead the Executive Officer of the Vadipatty Selection grade Town Panchayat, Madurai District as fourth respondent.

3.This writ petition has been filed praying for a direction to the respondents to desilt the Ettikulam Kanmai and its channel situated in S.No.137 in Kulasekarankottai Village, Vadipatty Taluk, Madurai District, by considering the petitioner's representation, dated 07.04.2021.

4.We are informed by the learned Standing Counsel for the Government that the fourth respondent is the appropriate respondent to consider the representation.

5.In the light of the above, we direct the fourth respondent to consider the representation, dated 07.04.2021, issue notice to the petitioner, an inspection to be conducted in that area and thereafter, take appropriate action in accordance with law. In the event, there is any encroachment in the Kanmoi or in the water channel, then the fourth respondent should issue notice to the encroachers, hear the objections and thereafter, proceed to remove the encroachments. This direction be complied with within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) RM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collecotr, Madurai District, Madurai.

2.The Revenue Divisional Officer, RDO Office, District Collector Office Campus, Madurai.

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3.The Tahsildar, Vadipatti, Madurai District.

4.The Executive Officer, Vadipatty Selection Grade Town Panchayat, Madurai District.

+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-22576[F] dated 14/07/2021 ) +1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-22721[F] dated 15/07/2021 ) +1 CC to M/s.SPL GP ( SR-23184[F] dated 19/07/2021 ) 15.07.2021 RD(27.07.2021) 3P 8C 3/3