Appu.P.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA W.P.(MD)No.14687 of 2022 P.K.Appu : Petitioner Vs.

1.The District Collector Madurai District Madurai.

2.The Tahsildar Peraiyur Taluk Madurai District 3.The Block Development Officer, Sedapatti Panchayat Union, Sedapatti Madurai District 4.The Assistant Engineer (Rural Development) Sedapatti Panchayat Union Sedapatti Madurai District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to remove all type of encroachments made in the water bodies situated in 1/5

Survey Nos.126/1, 126/2, 166/2, 118 and 53 of Mallapuram Village, Peraiyur Taluk, Madurai District in the larger interest of the public, farmers and cattle residing in our locality in the light of the order passed by the Hon'ble Apex Court in Jagpal Singh and others v. State of Punjab and others as well as based on the petitioner representations dated 29.01.2022 and remainder representation dated 29.03.2022 within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.SRA.Ramachandran for R1, R2 and R4 Additional Government Pleader Mr.D.Sadiq Raja for R3 Additional Government Pleader

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) Alleging that there are encroachments in S.Nos.126/1, 126/2, 166/2, 118 and 53 of Mallapuram Village, Peraiyur Taluk, Madurai District, this petition has been filed for a direction to the respondents to remove the same.

2.Today, Mr.R.Anbuselvan, Village Administrative Officer, Mallapuram Village, Peraiyur Taluk, Madurai District is present. 2/5

3.On instructions, the learned Additional Government Pleaders submitted that S.No.126/1 is a patta land belongs to private individual; S.No.126/2 is a Oorani, where there are no encroachments, S.No.166 is also a Oorani, where there are no encroachments; in S.Nos.118 and 53, the office of the Village Administrative Officer, water tank, a paddy thrashing ground and cremation ground are existing. Thus, it is contended that there are no private encroachments. Recording the same, this petition is closed. No costs.

[P.N.P., J.] & [R.H., J.] 12.07.2022 Index : Yes/No Internet : Yes RR 3/5

To 1.The District Collector Madurai District Madurai.

2.The Tahsildar Peraiyur Taluk Madurai District 3.The Block Development Officer, Sedapatti Panchayat Union, Sedapatti Madurai District 4.The Assistant Engineer (Rural Development) Sedapatti Panchayat Union Sedapatti Madurai District 4/5

P.N.PRAKASH, J AND R.HEMALATHA, J RR Order made in 12.07.2022 5/5