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Madras High CourtWP(MD)/15244/2018closed

Sri Meenakshi Nagar Residents v. The Assistant Engineer

2018-08-02Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED W.P.(MD)No.15244 of 2018 and W.M.P(MD)No.13771 of 2018 Sri Meenakshi Nagar Residents Welfare Association, Rep.by its President, No.43-C, Akilagam, Sri Meenakshi Nagar, Mangaiarkkarasi College Road, Paravai, Madurai 625 402.

... Petitioner Vs.

1.The Assistant Engineer, Public Works Department, WRO, Irrigation Sec.No.II, Periyar Vagai Basin Sub Division - I, Madurai.

2.The Tahsildar, Madurai North Taluk, Madurai.

3.The Inspector of Police, Koodalpudhur Police Station, Madurai.

4.Madurai Central Market Vegetable and Perishable Commodities Merchant Co-ordinated Association, Rep.by its President, Vilangudi, Madurai.

(R4 is impleaded vide order dated 02.08.2018 in W.M.P.(MD)No.14439 of 2018) ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachment made in S.No.114, Vilangudi Village, Madurai North by strictly implementing the proceedings of the first respondent dated 26.05.2017 and to maintain Oothukkal Vaikal as water body.

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For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.R.Sethuraman, Spl.G.P.

for R1 to R3 Mr.M.Ajmal Khan, S.C. for Mr.K.Govindarajan for R4

ORDER

(Order of the Court was made by C.T.SELVAM,J.) The compliance report informs partial compliance of the order dated 31.07.2018.

2.Learned counsel for the 4th respondent submits that every encroachment in Survey No.114, Vilangudi Village, Madurai North be removed.

3.It is submitted on behalf of the first respondent that the removal of remaining encroachments as also de-silting of the Oothukkal Vaikal will be completed within 4 weeks of the date of this order.

4.The said submission of the learned Special Government Pleader is recorded as an undertaking of the first respondent and any violation thereof, would result in other proceedings. Accordingly, this petition shall stand disposed of. No costs. Consequently, connected W.M.P.is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(Cs-I) To 1.The Tahsildar, Madurai North Taluk, Madurai.

2.The Inspector of Police, Koodalpudhur Police Station, Madurai.

+1cc to Mr.V.Panneer Selvam, Advocate Sr.No.76683 +1cc to The Spl. Government Pleader Sr.No.76641 +1cc to Mr.K.Govindarajan, Advocate Sr.No.77377 NBJ VB/RSK/SAR1/24.08.2018/2P/6C W.P.(MD)No.15244 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/