T.Ulaganathan, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P(MD)No.18027 of 2017 T.Ulaganathan .. Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Public Works Department, Fort St.George, Secretariat, Chennai-600 009.
2.The District Collector, Kanyakumari District, Nagercoil.
3.The Superintending Engineer, (Water Resource Organization) Public Works Department, Kothaiyaru Division, Nagercoil, 4.The Executive Engineer, (Water Resource Organization) Public Works Department, Kothaiyaru Division, Nagercoil, 5.The Assistant Engineeer, (Water Resource Organization) Public Works Department, Kothaiyaru Division, Mailaudy, 6.The District Revenue Officer, Collectorate campus, Kanyakumari District, Nagercoil.
7.The Tahsildar, Agastheeswaram Taluk, 8.The Executive Officer, Anjugramam Town Panchayat, Anjugramam, 9.Ponnammal 10.Charles 11.Yesupatham 12.M.Narayanan ..
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 respondent Nos.1 to 8 to secure the removal of encroachment made by the respondents 9 to 12 in S.No.1161/1, 1163/2 and 990 which is classified as irrigatory channel and pond (Kuttai) respectively, in Anjugramam village, Agastheeswaram Taluk, Kanyakumari District.
For Petitioner : Mr.S.Balamurugan For R1 - R7 : Mr.D.Muruganandam Additional Government Pleader For R8 : Mr.Karthick Rajan For R9 - R12 : No appearance
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner has filed this writ petition praying for issuance of a direction upon the official respondents to remove the encroachment made by the respondents 9 to 12 in a land, which is classified as a water body.
2.The notice sent to the respondents 9 to 12 were refused to be received and the Court directed to be served through the concerned police station and the same must have been served. However, the respondents 9 to 12 have not appeared before this court. Be that as it may, the photographs produced before us show that there are four houses and admittedly there are in the tank bund. Therefore, if the existence of the houses, some of which
are pakka houses had caused any damage to the tank bund, then it will be a hazard to the village, apart from the water body being affected. Therefore, we direct the respondents 4 and 5 to make an inspection of the area and ascertain as to what extent the encroachment has been made and if they are satisfied that there are encroachments and requires to be removed, then, they shall issue notice to the respondents 9 to 12 giving time to remove the encroachment by themselves, failing which, the respondents 4 and 5 can initiate appropriate proceedings in accordance with law. The above direction be complied with, within a period of four weeks from the date of receipt of a copy of this order.
3. With the above directions, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Secretary, Public Works Department, Fort St.George, Secretariat, Chennai-600 009.
2.The District Collector, Kanyakumari District, Nagercoil.
3.The Superintending Engineer, (Water Resource Organization) Public Works Department, Kothaiyaru Division, Nagercoil, Kanyakumari District.
4.The Executive Engineer, (Water Resource Organization) Public Works Department, Kothaiyaru Division, Nagercoil, Kanyakumari District.
5.The Assistant Engineeer, (Water Resource Organization) Public Works Department, Kothaiyaru Division, Mailaudy, 6.The District Revenue Officer, Collectorate campus, Kanyakumari District, Nagercoil.
7.The Tahsildar, Agastheeswaram Taluk, +One cc to Mr.T.Sundarvadanam, Advocate, SR.No.51879 +One cc to The Special Government Pleader, SR.Nos.52168&51954
rmi RL/10C/3P/KK/SAR4/12/3/2018 ORDER MADE IN W.P(MD)No.18027 of 2017 27.02.2018