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Madras High CourtWP(MD)/10689/2017allowed

S.Rajamanickam, S/O.M.Sathaiah v. The District Collector

2017-06-22Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.10689 of 2017 S.Rajamanickam .. Petitioner Vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukottai District.

3. The Taluk Surveyor, Manamelkudi Taluk, Manamelkudi, Pudukottai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein particularly the third respondent to measure and find out the total area of Vilathoor and Siruvilathoor lakes in Survey Nos.255/1 and 255/2 respectively, situated at Karakathikottai, Vilathoor Village, Pudukottai District and consider the petitioner's representation dated 03.05.2017.

For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to measure Survey Nos.255/1 and 255/2, Karakathikottai, Vilathoor Village, Pudukottai District, which has been classified as Vilathoor and Siruvilathoor lakes, by way of issuing a writ of mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel appearing for the petitioner has contended that Survey Nos.255/1 and 255/2 have been classified as

Vilathoor and Siruvilathoor lakes and in which so many encroachments are in existence and therefore, a representation dated 03.05.2017 has been given, but the authorities have not considered the same.

3.The learned Special Government Pleader appearing for the respondents has represented that survey numbers mentioned in the petition are classified as Vilathoor and Siruvilathoor lakes. 4.The main contention putforth on the side of the petitioner is that in the lakes mentioned in the petition, some encroachments are in existence and further a representation has been given by the petitioner and the same has not been considered. 5.Considering the aforesaid factual circumstances, this Court is inclined to pass the following order. 6.In fine, this Writ Petition is allowed without costs. The second respondent is strictly directed to conduct proper survey in respect of Survey Nos.255/1 and 255/2, Karakathikottai, Vilathoor Village, Pudukottai District and if there is any encroachments, directed to remove the same under due process of law within a period of three months.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Manamelkudi Taluk, Manamelkudi, Pudukottai District.

3. The Taluk Surveyor, Manamelkudi Taluk, Manamelkudi, Pudukottai District.

+1cc to Mr.S.Ramakrishnan, Advocate SR.No.61456 +1cc to The Spl.Government Pleader. Sr.No.61948 PS VB/GT/SAR4/04.07.2017/2P/6C ORDER MADE IN W.P(MD)No.10689 of 2017 22.06.2017 https://hcservices.ecourts.gov.in/hcservices/