B.Ananthakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.10556 of 2019 B.Ananthakumar ... Petitioner -vs1.The District Collector Office of the District Collector Dindigul District, Dindigul 2.The Superintendent of Police Office of the Superintendent of Police Dindigul District 3.The Tahsildar Office of the Taluk Office Athoor, Dindigul District 4.The Executive Officer Chinnalampatti Town Panchayat Chinnalampatti, Dindigul District 5.A.Krishnan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 herein to take action against the fifth respondent to remove the encroachment made by him on the Udai Kulam water body, situated in S.No.131/6B, situated at Keelankottai Revenue Village, Aathoor Taluk, Dindigul District, on the basis of the petitioner's representation dated 06.06.2019 and to pass orders within a stipulated time.

For Petitioner :

Mr.A.R.Kannappan For Respondents :

Mr.N.GA.Nataraj Government Advocate for R1 to R3 Mr.M.Karuppasamy for R4 Mr.D.Venkatesh for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to take action against the fifth respondent to remove the encroachment made by him in Udai Kulam, situated in Survey No.131/6B of Keelankottai Revenue Village, Aathoor Taluk, Dindigul District, on the basis of the petitioner's representation dated 06.06.2019, within a stipulated time.

2. According to the petitioner, the water body viz., Udai Kulam, situated in Survey No.131, admeasuring to an extent of 3 Acres 84 Cents, is the only water source for the residents of Keelakottai Village. During 1972, 22 sub-divisions were taken place in the said survey number illegally and pattas were also granted to several individuals and the fifth respondent was granted patta for Survey No.131/6B. Taking advantage of such illegal activities, the fifth respondent started construction works of a commercial complex in the subject water body, without any prior approval. Though the authorities concerned directed the fifth respondent not to proceed further with the construction works, the fifth respondent did not even consider the direction of the authorities concerned. Therefore, in order to remove the encroachments made by the fifth respondent and to restore the subject water body to its original position, the petitioner made a representation on 06.06.2019 to the respondents 1 to 4, however, till date, no action has been taken by them. Hence, this writ petition.

3. The learned Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that based on the petitioner's representation dated 06.06.2019, the construction activities have been stalled and the

authorities concerned would remove the encroachments, as alleged by the petitioner, within a period of four weeks.

4. The above submission of the learned Government Pleader has not been refuted by the learned counsel for the petitioner.

5. In view of the above submission of the learned Government Pleader appearing for the respondents 1 to 3, the authority concerned is directed to remove the encroachments completely, in the manner known to law, within a period of four (4) weeks from the date of receipt of a copy of this order, after giving sufficient opportunity to all the parties concerned and by following due process of law.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] 13.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Office of the District Collector, Dindigul District, Dindigul.

2.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

3.The Tahsildar, Office of the Taluk Office, Athoor, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.10556 of 2019 13.10.2022