Pitchai K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.10280 of 2023 K.Pitchai ... Petitioner Vs.

1.The District Collector, O/o. The Collectorate, 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Dindigul District.

3.The Tahsildar, O/o.Tahsildar, 4.The Executive Engineer, Public Works Department, Begambur, 5.The Junior Engineer, Public Works Department, Begambur, 1/4

6.Chinnasamy 7.Suri @ Suryaprabhu ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents No.1 to 4 to remove the water channel encroachment made by respondents No.6 and 7 in the Survey No.124 and 127 situated at Marunoothu Village, Shanarpatti Block, Dindigul East Taluk, Dindigul District within a time frame stipulated by this Court. For Petitioners :Mr.S.Rajasekar For Respondents :Mr.Ramesh Arumugam Government Advocate for R1 to R5 : No appearance for R6 & R7

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the official respondents. The respondents 6 & 7 have been served and their names are printed in the cause list. But they have not chosen to enter appearance.

2. The categorical allegation of the writ petition is that the private respondents herein have committed encroachment in Survey No.124 & 127 in Marunoothu Village in Shanarpati Block, Dindigul East Taluk. The private 2/4

respondents had earlier planted elephant grass. After harvesting the same, they have now planted banana. Such acts cannot be permitted. The official respondents 1 to 5 are directed to clear the petition mentioned water channel of all encroachment and ensure that R6 & R7 do not commit any kind of encroachment in future. If R6 & R7 breach this direction and commit encroachment, they shall be dealt with as per law.

3. The Writ Petition is disposed of. No costs. [G.R.S., J.] [B.P., J.] 07.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, O/o. The Collectorate, 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Dindigul District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi 3.The Tahsildar, O/o.Tahsildar, 4.The Executive Engineer, Public Works Department, Begambur, 5.The Junior Engineer, Public Works Department, Begambur, W.P(MD)No.10280 of 2023 07.07.2023 4/4