Rajadurai .R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Rajadurai ... Petitioner -vs1.The District Collector Kanyakumari District 2.The Sub Collector Padmanabhapuram Kanyakumari District 3.The Executive Engineer Water Resource Organization Nagercoil, Kanyakumari District 4.The Assistant Executive Engineer Water Resource Department (Addl. Charge) Kothaiaru river Sub Basin Thuckalay Kanyakumari District 5.The Tahsildar Kalkulam Thuckalay Kanniyakumari District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents herein to forthwith construct safety river bund in the Valliyaru River touching the eastern boundary of S.No. 560/9 & 10 and remove the said harmful encroachments. For Petitioner :

Mr.H.Thayumanaswamy For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R5

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 to forthwith construct safety river bund in the Valliyaru River touching the eastern boundary of S.No.560/9 & 10 and remove the harmful encroachments made therein.

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents, on instructions, submitted that subsequent to the filing of this writ petition, the authorities concerned have taken necessary steps for removal of the encroachments made

in the subject land and marked the encroachments and the entire process would be completed within a period of twelve weeks.

3. The learned counsel for the petitioner has not refuted the above submission of the learned Government Pleader

4. Recording the above submission, the authority concerned is directed to remove the encroachments, as pointed out by the petitioner, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

[R.M.D., J.] [J.S.N.P., J.] 14.11.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Kanyakumari District.

2.The Sub Collector, Padmanabhapuram, Kanyakumari District.

3.The Executive Engineer, Water Resource Organization, Nagercoil, Kanyakumari District.

4.The Assistant Executive Engineer, Water Resource Department (Addl. Charge), Kothaiaru river Sub Basin, Thuckalay, Kanyakumari District.

5.The Tahsildar, Kalkulam, Thuckalay, Kanniyakumari District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 14.11.2022