K.Murugan, S/O.Krishnan v. The Districrt Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.16223 of 2016 K.Murugan ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Chief Engineer, Public Works Department, Madurai Region, Tallakulam, Madurai-625 002.

4.The Executive Engineer, Public Works Department, Periyar Vaigai Basin Division, Tallakulam, Madurai-625 002.

5.The Assistant Engineer, Public Works Department, Water Resources Organization, Vaigai Division, Tallakulam, Madurai-625 002.

6.The Tashildar, Thirupparankundram Taluk, Madurai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the Respondents to remove the encroachment at Veeramudaiyan Kanmai, Keelamuthupatti Village, Ward No.93, Madurai Corporation on the basis of the representation of the people belong to Keelmuthupatti Village on 17.08.2016 For Petitioner : Mr.V.Thirumal

For R3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

O R D E R

************* [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of encroachment in Veeramudaiyan Kanmai, Keelamuthupatti Village, Madurai District. 2.The petitioner has already given a representation on 17.08.2016 in this regard. The petitioner would allege that the authorities took up the work for removal of encroachment and substantially carried out it. But in view of the incomplete nature of the said work, the persons who are removed, once again occupying the Kanmai.

3.Therefore, this Court directs the fifth respondent to take follow up action in the matter. Water bodies cannot be allowed to be encroached. The fifth respondent shall issue notice to the encroachers and have them removed after following due process of law. The fifth respondent shall maintain continuing vigil and ensure that the water body in question is completely free of encroachment. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 4.This Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District. 2.The Commissioner, Madurai Corporation, Madurai. 3.The Chief Engineer, Public Works Department, Madurai Region, Tallakulam, Madurai-625 002.

4.The Executive Engineer, Public Works Department, Periyar Vaigai Basin Division, Tallakulam, Madurai-625 002.

5.The Assistant Engineer, Public Works Department, Water Resources Organization, Vaigai Division, Tallakulam, Madurai-625 002.

6.The Tashildar, Thirupparankundram Taluk, Madurai District.

+1cc to M/S.T.S.MOHAMED MOHIDEEN, Advocate SR.No.77580 +1cc to Special Government Pleader, SR.No.78025 smi/tsg MAS/JC/SAR4:07.11.2017:3P-9C W.P.[MD].No.16223 of 2016 08.09.2017