Madras High CourtWP(MD)/14199/2021disposed of

Soundararajan.S v. The District Collector

2022-10-27Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.14199 of 2021 S.Soundararajan ... Petitioner -vs1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. The Tahsildar, Sattur Taluk, Sattur, Virudhunagar District.

4. The Assistant Executive Engineer, Public Works Department, Sattur, Virudhunagar District.

5. The Village Administrative Officer, Nallamuthanpatti Village, Sattur Taluk, Virudhunagar District.

6. Muniyasamy

7. Krishnakumar (R6 and R7 are impleaded vide Court Order dated 27.08.2021 in WMP(MD) No.12317/2021) ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made in the public channel and restore the water flow to the land in S.No.119/3 at Nallamuthanpatti Village, Sattur Taluk, Virudhunagar District, in the light of the proceedings initiated by the respondents 1 and 2, dated 05.10.2020 and 20.10.2020, within a time frame as may be fixed by this Honble Court.

For Petitioner :

Mr.P.Kalaiyarasi Bharathi For Respondents :

Mr.P.Thilak Kumar, Government Pleader for R1 to R5 Mr.P.R.Prithivi Raj for R6 No appearance for R7

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made in the public channel and restore the water flow into the land in Survey No.119/3 at Nallamuthanpatti Village, Sattur Taluk, Virudhunagar District, in the light of the proceedings initiated by the respondents 1 and 2, dated 05.10.2020 and 20.10.2020, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 5, has produced the proceedings of the third respondent - Tahsildar, Sattur in Na.Ka.No.A3/216/2021, dated 26.10.2022, addressed to him and submitted that there is no encroachment in the aforesaid watercourse as projected by the petitioner.

3. Recording the aforesaid submission of the learned Government Pleader, the writ petition is closed, leaving it open to the petitioner to approach the authorities concerned, if further encroachment is noticed on the said watercourse in future. No costs.

[R.M.D., J.] [J.S.N.P., J.] 27.10.2022 Index : Yes / No Internet : Yes / No pkn To:

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. The Tahsildar, Sattur Taluk, Sattur, Virudhunagar District.

4. The Assistant Executive Engineer, Public Works Department, Sattur, Virudhunagar District.

5. The Village Administrative Officer, Nallamuthanpatti Village, Sattur Taluk, Virudhunagar District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.14199 of 2021 27.10.2022