R.Balachandar, S/O.Ramasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Balachandar ... Petitioner Vs.

1.The District Collector, Dindigul District, 2.The Revenue Divisional Officer, Revenue Divisional Office, Palani, Dindigul District.

3.The Tahsildar, Vedasanthoor Taluk, Dindigul District.

4.The Executive Engineer, Vedasanthoor Public Works Department, Dindigul District.

5.The Executive Engineer, Public Works Department, 6.Palani 7.Palanichamy 8.Pothumoni (R6 to R8 are impleaded vide order dated 30.07.2019 in W.M.P.(MD)No.12563 of 2019) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.02.2019 and to take appropriate action to remove the illegal encroachment in the Santhana Vardhini River at Dindigul District within the time stipulated by this Honourable Court. For Petitioner :

Mr.M.R.Sreenivasan For Respondents :

Mr.P.Thilak Kumar, Govt. Pleader for R1 to R5 No Appearance for R6 to R8

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 to consider the petitioner's representation dated 21.02.2019 and to take appropriate action to remove the illegal encroachment in the Santhana Vardhini River at Dindigul District, within a time frame.

2. The learned counsel appearing for the petitioner submitted that though the petitioner made a representation on 21.02.2019 to the respondents seeking to remove the aforesaid encroachment, 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 Government Pleader appearing for the respondents 1 to 5 submitted that the representation of the petitioner dated 21.02.2019 would be

considered by the official respondents and appropriate action will be taken to remove the encroachment, if any, 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 dated 21.02.2019, 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 eight (8) weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] vsm 17.11.2022

To 1.The District Collector, Dindigul District, 2.The Revenue Divisional Officer, Revenue Divisional Office, Palani, Dindigul District.

3.The Tahsildar, Vedasanthoor Taluk, Dindigul District.

4.The Executive Engineer, Vedasanthoor Public Works Department, Dindigul District.

5.The Executive Engineer, Public Works Department,

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 17.11.2022