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Madras High CourtWP(MD)/12728/2023allowed

Karuppanan.V v. The District Collector

2023-07-14Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Karuppanan : Petitioner Vs.

1.The District Collector, Madurai District, 2.The Tahsildar, Vadipatti Taluk, Vadipatti, 3.The Deputy Tahsildar, Alanganallur Village, Vadipatti Taluk, 4.The Block Development Officer, Alanganallur Union Office, Alanganallur, Vadipatti, 1/5

5.The President, Periya Ilandhai Kulam Village, Alanganallur, Vadipatti Taluk, 6.The Vice President, Periya Ilandhai Kulam Village, Alanganallur, Vadipatti Taluk, 7.C.Gajendiran : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to take necessary action to remove the encroachment in the stream.

For Petitioner : Mr.G.Rajasekar For Respondents : Mr.K.Balasubramanian, Special Government Pleader for R.1 to R.4, R.6 Mr.P.Palini for R.7 Mr.M.Siddhardhan, Additional Government Pleader for R.5 ***** 2/5

ORDER

Heard the learned Counsel on either side.

2.The petitioner's complaint is that in S.No.17 in Periya Ilanadhai Kulam Village, there is a water channel running and that it has been blocked by the seventh respondent.

3.Our attention has been drawn to the communication issued by the Tahsildar to the Block Development Officer in October, 2017 and by the Block Development Officer to the President of the Local Body in March, 2023. 4.It appears that as per the revenue records, a water channel is running in the said village. The respondents 4 & 5 are therefore directed to ensure that the said water channel is not encroached by the seventh respondent or by any other person. 3/5

The writ petition is allowed in the above terms. No costs. [G.R.S.,J.] [B.P.,J.] 14.07.2023 Index : Yes / No Internet : Yes gk To 1.The District Collector, Madurai District, 2.The Tahsildar, Vadipatti Taluk, Vadipatti, 3.The Deputy Tahsildar, Alanganallur Village, Vadipatti Taluk, 4.The Block Development Officer, Alanganallur Union Office, Alanganallur, Vadipatti, 4/5

G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

gk 14.07.2023 5/5