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Madras High CourtWP(MD)/15529/2016dismissed

K.Arockiaraj, v. The District Collector

2017-08-31Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15529 of 2016 and W.M.P(MD)No.11420 & 11421 of 2016 K.Arockiaraj ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The President, Thindiyur Panchayat, Madurai District.

3. The Tahsildar, North Taluk, Madurai District.

4. The Assistant Engineer, Public Works and water Resources, Periyar Main Kaalvai Division, Madurai.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned letter bearing No.Ko.19/Oo.PO/Madurai/2016, dated 02.08.2016 issued by the fourth respondent and quash the same.

For Petitioner : Mr.K.Samidurai For Respondents : Mr.M.Govindan, Special Government Pleader.

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner challenges the impugned communication dated 02.08.2016 issued by the fourth respondent calling upon the writ petitioner to remove the encroachment in question on his own. https://hcservices.ecourts.gov.in/hcservices/

2.The communication in question states that if the encroachment is not voluntarily removed, action will be taken under Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. No exception can be taken to the said notice. It merely cautions the writ petitioner before taking coercive action. Statutory procedure will be followed. Therefore there is no need to interfere with the notice impugned in this writ petition. It stands dismissed. No costs.

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

1. The District Collector, Madurai District, Madurai.

2. The President, Thindiyur Panchayat, Madurai District.

3. The Tahsildar, North Taluk, Madurai District.

4. The Assistant Engineer, Public Works and water Resources, Periyar Main Kaalvai Division, Madurai.

+1 cc to Mr.K.Samidurai , Advocate in SR.No. 75848 +1 cc to The Special Government Pleader in SR.No.76015 Skm/Arul AE/MR KKR/SAR3/18.09.2017/2P/7C W.P(MD)No.15529 of 2016 and W.M.P(MD)No.11420 & 11421 of 2016 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/