P.Vaiyapuri 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 P.Vaiyapuri ... Petitioner -vs1.The District Collector Office of the District Collector Dindigul 2.The Tahsildar Authoor Taluk Office Authoor, Dindigul District 3.The Block Development Officer Authoor Panchayat Union Authoor, Dindigul District 4.Jegannathan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the illegal encroachments made by the fourth respondent in the water channel / odai, which is situated in Survey No.1275, Chellampatti, Chitharevu Village,

Authoor Taluk, Dindigul District, within the time stipulated by this Court, by considering the petitioner's representation dated 08.06.2019. For Petitioner :

Mr.J.Lawrance For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R3 No appearance for R4

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 3 to remove the encroachments made by the fourth respondent in the water channel / odai in Survey No.1275 of Chellampatti Chitharevu Village, Authoor Taluk, Dindigul District, by considering the petitioner's representation dated 08.06.2019, within the time stipulated by this Court.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the encroachments, as projected by the petitioner, have been removed.

3. However, the learned counsel for the petitioner by refuting the aforesaid submission of the learned Special Government Pleader submitted that the encroachments have not been removed fully.

4. In view of the above submission of the learned counsel for the petitioner, the authority concerned is directed to remove the encroachments completely, in the manner known to law, within a period of six (6) weeks from the date of receipt of a copy of this order, after giving sufficient opportunity to all the parties concerned.

5. With the above direction, the writ petition is disposed of. No costs.

[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.

2.The Tahsildar, Authoor Taluk Office, Authoor, Dindigul District.

3.The Block Development Officer, Authoor Panchayat Union, Authoor, Dindigul District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 13.10.2022