Manickavelu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI Manickavelu
...Petitioner
Vs.
1.The District Collector, Office of the District Collector, Pudukottai District.
2.The Tahsildar, Avadiarkovil Taluk, Pudukottai District.
3.The Block Development Officer, Avadaiyarkovil Panjayat Union, Pudukottai District.
4.The Executive Engineer, Public Works Department (PWD), Water Resources Organisation, South Vellar Basin Division, Pudukottai District.
5.Balu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of Mandamus to direct the respondents 1 to 4 herein to take immediate action for removal of the illegal encroachments made by the 5th respondent in respect of the "Sirumuttan lake" situated at Theeyathur Village/Panjayat, Avudaiyar Kovil Taluk, Pudukottai District comprised in S.No.220, 221 and 222 belongs to the Avudaiyar Kovil Panjayat Union and "Vellani lake" belongs to the PWD situated at Vellivayal Village, Avudaiyar Kovil Taluk, Pudukottai District comprised in S.No.1/1 and "Nattani Purasakudi lake" belongs to the PWD situated at S.No.36 of Natanipurasakudi Village, Avudaiyar Kovil Taluk, Pudukottai District by considering the petitioner's representation dated 22.06.2021. 1/4
For Petitioner : Mr.S.Sathya Chithambaram For Respondents : Mr.R.Baskaran, for RR1, 2 and 4 Standing Counsel for Government For R-3 : Mr.R.Suresh Kumar, Standing Counsel for Government
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM,J.] The petitioner seeks for a direction upon the respondents to take immediate action for removal of the illegal encroachments made by the 5th respondent in respect of the "Sirumuttan lake" situated at Theeyathur Village/Panjayat, Avudaiyar Kovil Taluk, Pudukottai District comprised in S.No.220, 221 and 222 belongs to the Avudaiyar Kovil Panjayat Union and "Vellani lake" belongs to the PWD situated at Vellivayal Village, Avudaiyar Kovil Taluk, Pudukottai District comprised in S.No.1/1 and "Nattani Purasakudi lake" belongs to the PWD situated at S.No.36 of Natanipurasakudi Village, Avudaiyar Kovil Taluk, Pudukottai District, by considering his representation, dated 22.06.2021.
2.We have heard S.Sathya Chithambaram, learned counsel appearing for the petitioner, Mr.R.Baskaran, learned Standing counsel appearing for the respondents 1, 2 and 4 and Mr.R.Suresh Kumar, learned Standing counsel appearing for the third respondent. Since we are not inclined to issue any positive direction in this writ petition, notice to the fifth respondent is dispensed with. 3.The petitioner seeks for the removal of encroachment caused by the sixth respondent in three Survey Nos.220, 221 and 222. 4.Mr.R.Suresh Kumar, learned Government Advocate appearing for the third respondent/ the Block Development Officer has given written instructions, which is to the following effect : 2/4
5. From the above instructions, it is seen that two of the survey numbers namely, 220 and 221, fall within the control of the Public Works Department and so far as Survey No.222, it would fall within the control of the third respondent.
6.Therefore, we direct the respondents 3 and 4 to issue notice to the fifth respondent as well as the petitioner, hear the objections of the fifth respondent and proceed in accordance with law, as expeditiously as possible, preferably within a period of three months weeks from the date of receipt of a copy of this order. 3/4
7.With the above directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (T&P) // 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 Collector, Office of the District Collector, Pudukottai District.
2.The Tahsildar, Avadiarkovil Taluk, Pudukottai District.
3.The Block Development Officer, Avadaiyarkovil Panjayat Union, Pudukottai District.
4.The Executive Engineer, Public Works Department (PWD), Water Resources Organisation, South Vellar Basin Division, Pudukottai District.
19.07.2021 CM(CO) LR (02.08.2021) 4P 5C 4/4