S.Nagasundaram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.11480 of 2017 S.Nagasundaram .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Block Development Officer, Singampunari, Sivagangai District.

3.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

4.The President, Maruthipatti Panchayat, Thiruppathur Taluk, Sivagangai District.

5.P.Chellaiah 6.P.Karuppaiah 7.V.Chinnaiah 8.V.Sekar 9.K.Packiam 10.P.Nanjammal .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus , directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 10 in Maruthipatti Chinna Kanmoi surplus channel and restore the channel by utilizing the lands gifted in S.Nos.632/1, 632/2, 632/5 and 632/6, situated at Maruthipatti Village, Thiruppathur Taluk, Sivagangai District on the basis of the representation dated 21.03.2012 and 05.02.2016.

https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.R.Vijayakumar

For R1 : Mr.M.Govindan Special Government Pleader.

For R2 : Mr.Aayiram K.Selvakumar For R8 & R10 : Mr.Senthilnathan

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the encroachment said to have been committed by the private respondents herein in Maruthipatti Chinna Kanmoi surplus channel. He also seeks restoration of the channel by utilising the lands gifted for the said purpose. He had given representations dated 21.03.2012 and 05.02.2016. in this regard.

2.This Court directs the third respondent to dispose of the said representation dated 05.02.2016. If there is encroachment appropriate action shall be taken for removal of the same after issuing notice to the alleged encroachers. The third respondent is directed to take the assistance of other concerned authorities. The entire exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order.

3.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-I ) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Sivagangai District, Sivagangai.

2.The Block Development Officer, Singampunari, Sivagangai District.

3.The Tahsildar, Thiruppathur Taluk, Sivagangai District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 70946 +1cc to Mr.B.SENTHIL NATHAN Advocate in SR. No. 70016 +1cc to Mr.AAYIRAM K.SELVAKUMAR Advocate in SR. No. 70297 +1cc to Mr.R.VIJAYAKUMAR Advocate in SR. No. 70301 MM/SSS JS/JC/SAR.2/19.09.2017/3P-8C ORDER MADE IN W.P(MD)No.11480 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 03.08.2017