Madras High CourtWP(MD)/12545/2022disposed of

Pandian T v. The District Collector

2022-06-21Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA T.Pandian : Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam Revenue Divisional Office, 3.The Superintending Engineer, Public Works Department, Water Resources Organisation, Periyar Vaigai Basin Circle, Madurai - 625 002.

4.The Assistant Executive Engineer, Public Works Department (Water Resources Organisation), Uthamapalayam - 625 533.

5.The Tahsildar, Uthamapalayam Tahsildar Office, 6.Muthumani 7.Paramasivam : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 5 herein to take immediate action for removal of the illegal encroachments made by respondents 6 and 7 in PTR Kalvai - situated at S.No.267/2 Ward No.A, Block No.14, T.S.No.13/2, Chinnamanoor Village in Uthamapalayam Taluk, Theni District on the basis of the petitioner's representation dated 28.04.2022 within the time stipulated by this Court.

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For Petitioner : Mr.M.Karuppasamy Pandiyan For Respondents 1 to 5 : Mr.P.Thilak Kumar Government Pleader

O R D E R

************ [Order of the Court was made by P.N.PRAKASH, J.] Alleging that respondents 6 and 7 have encroached into T.S.No.13/2, Survey No.267/2, Ward No.A, Block No.14 of Chinnamanoor Village in Uthamapalayam Taluk, Theni District, the present Public Interest Litigation has been filed for a direction to the respondents 1 to 5 to remove the same.

2.According to the petitioner, he has given a representation dated 28.04.2022.

3.We are of the opinion that since there is no public duty cast upon the respondents 1 to 4 to dispose of such representations, the prayer of the petitioner cannot be acceded to. However, we direct the fifth respondent to find out if there are any such encroachments in T.S.No.13/2, Survey No.267/2, Ward No.A, Block No.14 of Chinnamanoor Village in Uthamapalayam Taluk, Theni District, as alleged by the petitioner, then steps may be taken to remove the same, if there are no other legal impediments. 4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Uthamapalayam Revenue Divisional Office, 2/3

3.The Superintending Engineer, Public Works Department, Water Resources Organisation, Periyar Vaigai Basin Circle, Madurai - 625 002.

4.The Assistant Executive Engineer, Public Works Department (Water Resources Organisation), Uthamapalayam - 625 533.

5.The Tahsildar, Uthamapalayam Tahsildar Office, +1 CC to M/s.M. KARUPPASAMY PANDIAN, Advocate ( SR-27118[F] dated 21/06/2022 ) ORDER MADE IN 21.06.2022 CK(CO) GC(04.07.2022) 3P 7C 3/3