Vilanur Eri Pasanadharagal Sangam v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Vilanur Eri Pasanadharargal Sangam, (Reg.No.53/2020) Rep. by its President, A.Yegambaram, S/o.Avudaiyappan,1/104, Kallakottai, Vilanur Post, Avudaiyarkoil Taluk, ... Petitioner Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Executive Engineer, Pudukkottai.
3.The Assistant Engineer, Irrigation Section, Avudaiyarkovil, 4.The Tahsildar, Avudaiyarkovil Taluk, 5.Selvam 6.Elango 7.Kumaravel 8.Chitravel 9.Banu 10.Sakthivel 11.Karuppiah 12.Raja 13.Chellakannu 14.Manickam ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take necessary steps to remove the encroachments made by the respondents 5 to 14 by due process of law in the Vilanur Eri in SF.No.104/1 of Veelimangalam Revenue Village and Supply Channel of Vilanur Eri situated in S.F Nos. 275, 283, 284, 285, 303, 302, 274, 311, 332, 333, 335, 336, 338, 337, 358, 359, and 360 of Eluntrimangalam Revenue Village of Avudayarkoil Taluk, Pudukkottai District by considering the petitioner's Association representation dated 01.07.2020 and 06.07.2020. For Petitioner :
Mr.K.Balasundaram For Respondents :
Mr.N.GA.Nataraj, Government Advocate for R1 to R4 Mr.Na.Palaniyandi for R6 to R8, R10 to R12 & R14
O R D E R
[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take necessary steps to remove the encroachments made by the respondents 5 to 14 by due process of law in the Vilanur Eri in SF.No.104/1 of Veelimangalam Revenue Village and Supply
Channel of Vilanur Eri situated in S.F Nos. 275, 283, 284, 285, 303, 302, 274, 311, 332, 333, 335, 336, 338, 337, 358, 359, and 360 of Eluntrimangalam Revenue Village of Avudayarkoil Taluk, Pudukkottai District, by considering the representation of the petitioner's Association dated 01.07.2020 and 06.07.2020.
2. It is the claim of the petitioner's Association that they are doing Kudimaramathu work in the aforesaid Eri wherein, they found that the respondents 5 to 14 have encroached the aforesaid water body and its supply channel. Hence, they made representations dated 01.07.2020 and 06.07.2020 to the respondents to remove those encroachments. However, till date, no steps have been taken by the respondents to remove the said encroachment. Hence, the petitioner has filed this Writ Petition.
3. The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the representations of the petitioner's Association dated 01.07.2020 and 06.07.2020 would be considered by the official respondents and appropriate action will be taken to remove the encroachment, if any, by due
process of law, within a time frame for which, the learned counsel for the petitioner is agreeable.
4. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the representation of the petitioner's Association dated 01.07.2020 and 06.07.2020, on merits and in accordance with law. If there is any encroachment in the place in question, the authorities concerned shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] vsm 09.11.2022
R.MAHADEVAN , J.
and J.SATHYA NARAYANA PRASAD, J.
vsm To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Executive Engineer, Pudukkottai.
3.The Assistant Engineer, Irrigation Section, Avudaiyarkovil, 4.The Tahsildar, Avudaiyarkovil Taluk, 09.11.2022