Vins Anto.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD A.Vins Anto ... Petitioner vs.

1.The District Collector, 2.The Executive Engineer, Kodayar Basin Division, Water Resources Organisation, Public Works Department, 3.The Assistant Engineer, Boothapandi Irrigation Section, Water Resources Organisation, Public Works Department, Boothapandi & Post, 4.The Tahsildar, Agastheeswaram Taluk, Collectorate Campus, 1/6

5.The Superintendent of Police, 6.M.Sargunam 7.Meenakshi 8.A.Antony 9.Selvanayagam 10.J.Santhosh 11.The President, Putheri Paaraiyadi Saambava Samudhayam, Putheri Post, 12.Poomani 13.Sukumaran 14.Swamidoss ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made by the respondents 6 to 14 in Maadiyankulam comprised in R.S.No.362 of Putheri Village, Agastheeswaram Taluk, Kanyakumari District pursuant to Form-III notice issued by the third respondent under Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007.

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For Petitioner : Mr.C.T.Perumal For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader For R - 5 : Mr.T.Senthil Kumar Additional Public Prosecutor For R - 6 : Mr.I.Jayasingh Manoharan For R - 10 : Mr.C.M.Arumugam For RR 7 to 9 & 11 to 14 : No appearance

ORDER

(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 5 to remove the encroachments made by the respondents 6 to 14 in Maadiyankulam comprised in R.S.No.362 of Putheri Village, Agastheeswaram Taluk, Kanyakumari District pursuant to Form-III notice issued by the third respondent under Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007. 3/6

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that removal of encroachment has been done partially and the remaining encroachments will be removed by due process of law within a time frame.

3. In view of the above submission of the learned Government Pleader, the authority concerned is directed to remove the encroachments in the place in question completely, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition is disposed of. No costs.

[R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 26.10.2022 Internet : Yes ps 4/6

To 1.The District Collector, 2.The Executive Engineer, Kodayar Basin Division, Water Resources Organisation, Public Works Department, 3.The Assistant Engineer, Boothapandi Irrigation Section, Water Resources Organisation, Public Works Department, Boothapandi & Post, 4.The Tahsildar, Agastheeswaram Taluk, Collectorate Campus, 5.The Superintendent of Police, 5/6

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 26.10.2022 6/6