T.S.Jeyakumaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.2556 of 2017 T.S.Jeyakumaran .. Petitioner Vs.

1.The District Collector, Thoothukudi District, 2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Kovilpatti Taluk, Kovilpatti, Thoothukudi District.

4.The Assistant Director (Panchayats), O/o. Assistant Director of Panchayats, 5.The Block Development Officer (Village Panchayats), Kovilpatti Panchayat Union, Kovilpatti, Thoothukudi District.

6.Pandavarmangalam Village Panchayat, Rep. By Special Officer, Kovilpatti Taluk, Thoothukudi District.

7.Kamalam .. 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 respondents 1 to 6 herein to remove the encroachment made by seventh respondent over the water channel running in Government poramboke lands situated at Survey Nos.614/1 and 615/2 of Pandavarmangalam Village, Kovilpatti Taluk, Toothukudi District based on the petitioner's representation dated 09.05.2016 and pass such further or other orders.

For Petitioner : Mr.A.S.Vaigunth For RR 1 to 4 : Mr.K.Guru, Additional Government Pleader.

For RR 5 & 6 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For R - 7 : Mr.B.Saravanan

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 6 to remove encroachments in the channel running in Government poramboke lands comprised in Survey Nos.614/1 and 615/2, Pandavarmangalam Village, Kovilpatti Taluk, Toothukudi District, by way of issuing a writ of Mandamus.

2.The learned counsel appearing for the petitioner has contended that in Survey Nos.614/1 and 615/2, a channel is running wherein certain encroachments are in existence. Under the said circumstances, the present Writ Petition has been filed for getting the relief sought therein.

3.The learned Additional Government Pleader appearing for the respondents 5 and 6 has contended to the effect that on the basis of representation given by the petitioner, the fourth respondent has taken appropriate proceedings for removing encroachments. 4.Considering the proceedings taken by the fourth respondent, this Court is inclined to pass the following order. 5.The fourth respondent is directed to take appropriate action on the basis of initiation of proceedings dated 09.05.2016 after giving proper opportunities to the persons concerned. With the above observation, this writ petition is disposed of. No costs. SD/- ASSISTANT REGISTRAR(C) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The District Collector, Thoothukudi District,

2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Kovilpatti Taluk, Kovilpatti, Thoothukudi District.

4.The Assistant Director (Panchayats), O/o. Assistant Director of Panchayats, 5.The Block Development Officer (Village Panchayats), Kovilpatti Panchayat Union, Kovilpatti, Thoothukudi District.

6.The Special Officer, Pandavarmangalam Village Panchayat, Rep. By Special Officer, Kovilpatti Taluk, Thoothukudi District.

+1 cc to Mr.A.S.VAIGUNTH,ADVOCATE,SR NO.13847 +1 CC TO SPECIAL GOVENRMNENT PLEADER ,SR NO.14093 +1 CC TO MR.B.SARAVANAN,ADVOCATE,SR NO.14302 ps MAS/MR:17.03.2017:2P-10C W.P(MD)No.2556 of 2017 10.03.2017