Madras High CourtWP(MD)/2730/2017disposed of

P.Ramasamy, v. The District Collector,

2017-07-18Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2730 of 2017 and W.M.P(MD)No.2265 of 2017 1.P.Ramasamy 2.N.Pichaimuthu .. Petitioners Vs.

1. The District Collector, Karur-Dindigul Road, Karur.

2. The Tahsildar, Taluk Office, Jawahar Bazar, Karur.

3. The Executive Officer, Uppidamangalam Town Panchayat, Karur Taluk, Karur District.

4. P.Velusamy .. 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 3 to preserve the existing channel in S.F.No.866 in Karur District and Taluk, Uppidamangalam (West) Parapatti in accordance with the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. For Petitioners : Mr.G.S.Asok Adhithyan For Respondents 1 to 3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For Respondent No.4 : Mr.A.Uthayakumar

ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioners filed this writ petition to direct the respondents 1 to 3, to preserve the existing channel in S.F.No.866, Parapatti, Uppidamangalam West, Karur Taluk and District.

https://hcservices.ecourts.gov.in/hcservices/ 2.It is the case of the petitioners that the fourth respondent made an encroachment in respect of the channel and as

such, there is a need to remove the encroachment and to preserve the existing channel.

3.The fourth respondent in his counter affidavit and more particularly, in paragraph No.14, submitted that he has no objection in surveying the property and removing the encroachment for the purpose of preserving the existing channel. 4.We direct the second respondent to inspect the channel in question with notice to the petitioners and the fourth respondent and remove the encroachment, if any. The second respondent must ensure that the channel is preserved in all respects after removing the encroachment, in case, there is any such encroachment.

5.The writ petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Karur-Dindigul Road, Karur.

2. The Tahsildar, Taluk Office, Jawahar Bazar, Karur.

3. The Executive Officer, Uppidamangalam Town Panchayat, Karur Taluk, Karur District.

+1cc to Mr.G.S.Asok Adhithyan , Advocate SR.NO.66542 +1cc to Mr.A.Uthayakumar, Advocate SR.NO.66227 +1cc to The Spl.Government Pleader Sr.No.66588 SMN/GK VB/GR/SAR1/28.07.2017/2P/7C ORDER MADE IN W.P(MD)No.2730 of 2017 and W.M.P(MD)No.2265 of 2017 18.07.2017 https://hcservices.ecourts.gov.in/hcservices/