Jeyabalan D v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S. SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY D.Jeyabalan .. Petitioner Vs.
1.The District Collector, Theni District.
2.The Revenue Divisional Officer, Periyakulam, Theni District.
3.The Tahsildar, Aundipatti Taluk, Theni District.
4.The Assistant Engineer, Water Resources Organization, Irrigation Division, Public Works Department, Aundipatti, Theni District.
5.The Block Development Officer, Aundipatti Panchayat Union, Aundipatti, Theni District.
6.Chellachamy 7.Jeyabalan 8.Sivakumar 9.Arjunan 10.Jeyaraman 11.Kumar 12.Balu 13.Ashok Kumar 14.Prakash 15.Yokkiam 16.Ravi 17.Suresh 18.Pandi ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made by the 1/3
respondents 6 to 18 in the water course (Odai) in S.No.159/1 and 164/1 of Thimmarasanaickanur Bit-1 Village, Aundipatti Taluk, Theni District.
For Petitioner : Mr.R.Rajamohan For R1 to R4 : Mr.T.Amjath Khan Government Advocate For R5 : Mr.S.P.Maharajan Special Government Pleader
ORDER
(Order of the Court was made by S.S.SUNDAR.J.,) This writ petition is filed for issuance of a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachments in respect of the water body in S.No.159/1 and 164/1 of Thimmarasanaickanur Bit-1 Village, Aundipatti Taluk, Theni District by the respondents 6 to 18.
2.Heard Mr.R.Rajamohan, learned counsel appearing for the petitioner, Mr.T.Amjath Khan, learned Government Advocate appearing for the respondents 1 to 4 and Mr.S.P.Maharajan, learned Special Government Pleader appearing for the fifth respondent. 3.The petitioner has filed this writ petition with inconsistent stand. It is seen that the property in S.No.159/1 is described as a land belonging to Government and no water body is indicated. However, in the writ petition, the petitioner states that the respondents 6 to 18 have encroached the water bodies viz., Odai in S.Nos.159/1 and 164/1 in Thimmarasanaickanur Bit-1 Village, Aundipatti Taluk, Theni District. Though the petitioner states that there is an encroachment in Odai located in S.No.164/1, the petitioner has not submitted any representation to the fourth respondent with regard to Odai Poramboke or water body in S.No.164/1.
4.In such circumstances, this Writ Petition is dismissed. However, liberty is given to the petitioner to approach this Court by making proper representation to the fourth respondent, if there is an encroachment in water body as stated by the petitioner. No costs.
Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3
Ns To 1.The District Collector, Theni District.
2.The Revenue Divisional Officer, Periyakulam, Theni District.
3.The Tahsildar, Aundipatti Taluk, Theni District.
4.The Assistant Engineer, Water Resources Organization, Irrigation Division, Public Works Department, Aundipatti, Theni District.
5.The Block Development Officer, Aundipatti Panchayat Union, Aundipatti, Theni District.
+1 CC to M/s.R. RAJAMOHAN, Advocate ( SR-27058[F] dated 21/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27408[F] dated 22/06/2022 ) 20.06.2022 NSN(CO) KB(30.06.2022) 3P 8C 3/3