Madras High CourtWP(MD)/3703/2017disposed of

Srinivasan, v. The District Collector

2017-07-13Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.3703 of 2017 Srinivasan .. Petitioner Vs.

1. The District Collector, Pudukottai.

2. The Commissioner, Pudukottai Municipality, Pudukottai.

3. The Tahsildar, Pudukottai Taluk, Pudukottai District.

4. The Deputy Collector/Revenue Divisional Officer, Pudukottai.

5. The District Revenue Officer, Pudukottai.

6. The Assistant Director, District & Survey Department, Collectorate, Pudukottai.

7.Selvam .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the seventh respondent in T.S.No.1193 of Machuvadi, Pudukottai Town and Survey No.106 Government Road poromboke of Naipallam Village, Pudukottai Taluk & District.

For Petitioner : Mr.N.Balakrishnan

For Re-2 : Mr.P.Mahendran Standing Counsel For R-1 and 3 to R-6 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For R-7 : Tapal Returned (refused) ******

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The seventh respondent is stated to be in unauthorized occupation of a Government road poramboke in T.S.No.1193 at Machuvadi, Pudukottai Town. He is also stated to be an encroacher with respect to a water body in Naipallam Village, Pudukottai Municipality.

2. We direct the second respondent to take appropriate action for removal of encroachment in the road portion, after issuing notice to the seventh respondent. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

3. The petitioner is given liberty to submit a comprehensive representation to the concerned authority, namely, the Assistant Engineer, Public Works Department, Pudukottai, for removal of encroachment on Tank-bed. In case, any representation is given by the petitioner, the same shall be considered and disposed of by the Assistant Engineer, Public Works Department, Pudukottai, after issuing notice to the seventh respondent. Such exercise shall be completed within a period of four months from the date of receipt of representation.

4. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Pudukottai.

2. The Commissioner, Pudukottai Municipality, Pudukottai.

3. The Tahsildar, Pudukottai Taluk, Pudukottai District.

4. The Deputy Collector/Revenue Divisional Officer, Pudukottai.

5. The District Revenue Officer, Pudukottai.

6. The Assistant Director, District & Survey Department, Collectorate, Pudukottai.

7.The Assistant Engineer(P.W.D), Pudukottai.

+1cc to Mr.N.Balakrishnan, Advocate in SR.No.65383 +1cc to Mr.P.Mahendran, Advocate in SR.No.65527 +1cc to The Special Government Pleader in SR.No.65687 pm/sm AE/MR KKR/SAR3/31.07.2017/3P/11C ORDER MADE IN W.P(MD)No.3703 of 2017 13.07.2017