N.Kalimuthan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.11170 of 2017 N.Kalimuthan .. Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathpuram.

2.The Revenue Divisional Officer, Ramanathapuram, 3.The Tahsildar, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram District.

4.The Block Development Officer, Thiruvadanai, Ramanathapuram District.

5.The Assistant Engineer, Water Resource, PWD Office, Thiruvadandai, .. 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 3 to 5 to remove the encroachments made in the Theloor Periya Kanmaai situated in Survey No. 99, Theloor Village, Thiruvadanai Taluk, Ramanathapuram District based upon the petitioner's representations dated 06.03.2017 and 13.06.2017.

For Petitioner : Mr.C.Jeyaprakash For RR - 1 to 3 & 5 : Mr.M.Govindan, Special Government Pleader.

For R - 4 : Mr.R.Karthikeyan

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 3 to 5 to remove encroachments which are in existence in Survey No.99, which has been classified as a Tank in Theloor Village, Thiruvadanai Taluk, Ramanathapuram District, on the basis of the representations dated 06.03.2017 and 13.06.2017, by way of issuing a Writ of Mandamus.

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 3 and 5. Mr.R.Karthikeyan, learned counsel has taken notice for the fourth respondent. 3.It is seen from the revenue records that Survey No.99, Theloor Village, Thiruvadanai Taluk, Ramanathapuram District, has been classified as a Tank.

4.The main contention putforth on the side of the petitioner is that in Survey No.99, some encroachments are in existence. Under the said circumstances, two representations dated 06.03.2017 and 13.06.2017 have been given, but no action has been taken.

5.Considering the fact that Survey No.99 has been classified as a Tank and also considering that the petitioner has given two representations dated 06.03.2017 and 13.06.2017, this Court is inclined to pass the following order. 6.In fine, this Writ Petition is allowed without costs and the respondents 3 and 5 are strictly directed to remove encroachments, if any, within a period of two months under due process of law.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathpuram.

2.The Revenue Divisional Officer, Ramanathapuram,

3.The Tahsildar, Thiruvadanai Taluk, Thiruvadanai, 4.The Block Development Officer, Thiruvadanai, Ramanathapuram District.

5.The Assistant Engineer, Water Resource, PWD Office, Thiruvadandai, +1cc to M/S.Special Government Pleader,SR.60618 +1cc to Mr.C.Jeyaprakash,Advocate,SR.60531 W.P(MD)No.11170 of 2017 16.06.2017 PS KK/SV MMS/SAR4-20.06.2017-3P-8C