Madras High CourtWP(MD)/12280/2017disposed of

R.Subramanian, v. The District Collector,

2017-07-28Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.12280 of 2017 R.Subramanian .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Chief Engineer, Water Source Department, Madurai Region, Madurai District-625 002.

3.The Executive Engineer, Water Source Department, Kundaru Basin Division, Madurai-2.

4.The Commissioner, Madurai Corporation, Madurai-625 002.

5.The Tahsildhar, Madurai West Taluk, Madurai District.

6.The Commissioner of Police, O/o. The Commissioner, Madurai City, Madurai District.

7.M.Selvam .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents No. 1 to 6 to remove the illegal encroachments made by the respondent No.7 in Town Survey No.40 and Town Survey No.35/4 situated in Kiruthumal River, Survey Ward No.24, Arapalaym Village, Madurai West Taluk and further direct the respondents 1 to 6 to restore the Kiruthumal River to its original position and preserve the same within the time frame.

https://hcservices.ecourts.gov.in/hcservices/ For petitioner : T.Lajapathi Roy

For R1 to R3 & R5,R6 : Mr.M.Govindan Special Government Pleader For R4 : Mr.Shanmuga Selvam For R7 : Mr.Jeyasingh

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents 1 to 6 to remove the encroachment stated to have been made by the seventh respondent in respect of Kiruthumal River. 2.We direct the fourth respondent to consider and dispose of the representation submitted by the petitioner dated 25.04.2016 on merits and as per law, after issuing notice to the seventh respondent. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 3.The petitioner is directed to forward a copy of the representation dated 25.04.2016 along with a copy of this order to the fourth respondent, so as to enable him to dispose of the matter, as expeditiously as possible.

4.The writ petition is disposed of with the above direction. No costs.

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

1.The District Collector,Madurai District,Madurai. 2.The Chief Engineer, Water Source Department, Madurai Region,Madurai District-625 002.

3.The Executive Engineer, Water Source Department, Kundaru Basin Division,Madurai-2.

4.The Commissioner, Madurai Corporation, Madurai-625 002.

5.The Tahsildhar, Madurai West Taluk, Madurai District.

6.The Commissioner of Police, O/o. The Commissioner, Madurai City,Madurai District.

+1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No.68776 +1cc to M/S.S.JEYASINGH, Advocate SR.No.68555 psd/ns MAS/SV-MMS/SAR4:04.09.2017:2P-9C ORDER MADE IN W.P(MD)No.12280 of 2017 28.07.2017 https://hcservices.ecourts.gov.in/hcservices/