Madras High CourtWP(MD)/16031/2019closed

Jayachithra v. The District Collector

2019-08-13Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 13.08.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P. (MD) NO. 16031 OF 2019 Jayachitra .. Petitioner - Vs -

1. The District Collector Thanjavur District Thanjavur.

2. The Executive Engineer P.W.D. W.R.D.

Kallanai Canal Division Thanjavur.

3. The Revenue Divisional Officer Pattukottai, Thanjavur District.

4. The Assistant Executive Engineer P.W.D. W.R.D.

Kallanai Canal Division - II Peravurani, Thanjavur Dist.

5. The Inspector of Police Peravurani Police Station Peravurani, Thanjavur District.

6. Ramasany .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the respondents 1 to 5 to remove the illegal encroachment by the 6th respondent on the irrigation channel called as Karambakadu Vaikkal (CMP Vaikkal - General Bank Vaikkal) at Kondraikadu Village, Kalagam, Peravurani Taluk, Thanjavur District on the basis of the 4th respondent's communication in K.No.Ko23/2019/EPo/Pera dated 12.2.2019 within the time fixed by this Hon'ble Court.

For Petitioner : Mr. B.Anandan For Respondents : Mr. A.K.Baskarapandian, Spl. G.P.

For RR-1 to 5

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) The matter in issue pertains to removal of encroachment said to have been made by the 6th respondent on the irrigation canal called "Karambakadu Vaikkal" at Kondraikadu Village, Kalagam, Peravurani Taluk, Thanjavur District.

2. The writ petition was entertained and notice was ordered. The 2nd respondent in the writ petition has filed counter affidavit dated 29.7.19 and it is relevant to extract para-4, as under :- "4. It is humbly submitted that the eviction process was proceeded on 22.07.2019 in the encroachment made by the 6th respondent and eviction of encroachment were completed fully in presence of Revenue Authorities and police department and also in the presence of Public Works Department officials."

3. Learned counsel appearing for the petitioner submits that the encroachment has been removed and nothing survives for further adjudication in this writ petition. The Court heard the submissions of the learned Special Government Pleader appearing for the official respondents.

5. In the light of the stand taken by the 2nd respondent in the abovesaid counter affidavit, no further orders are necessary and, accordingly, this writ petition is closed. No costs. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS )