Madras High CourtWP(MD)/6589/2017disposed of

K.Jeganathan v. The District Collector

2017-07-14Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6589 of 2017 and W.M.P.(MD).No.5178 of 2017 K.Jeganathan ... Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The District Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3. The Revenue Divisional Officer, Ramanathapuram Taluk, Ramanathapuram District,.

4. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District,.

5. The Commissioner, Ramanthapuram Municipality, Ramanathapuram, Ramanathapuram District.

6.T.Muruganantham 7.G.Panchavarnam 8.Dharmarajan 9.R.Hariram 10.Latha 11.P.Harikrishnan 12.M.Neelamegasamy 13.S.Chandrasekaran 14.D.Valli

15.K.Nagarajan 16.S.Nagendren 17.Amaravathy 18.M.Rajeswari 19.M.Angusamy 20.M.Thetchinamoorthy 21.V.Kalaiarshi 22.Senthilkumar 23.Rajesh 24.Govindan 25.K.R.Sannashi Marbles 26.M.Ganesan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent Nos.1 to 5 to remove the illegal encroachment made by the Respondent Nos.6 to 26 on the public water tank situated in Town Survey No.96 to an extent of 0.6350.0 Sqft. in ward No.12 which is popularly known as Throwpathy Amman Oorani in Ramanathapuram, Ramanathapuram District. Since the Respondent Nos.6 to 26 have encroached the public water tank by the way of erecting thatched structures. The said encroachment is affecting the public, since it is the only water body available in our vicinity, within the time stipulated by this Hon'ble Court, by considering petitioner's representation dated 22.09.2015 and 20.03.2017.

For petitioner : Mr.A.R.Nambunayagam For respondents 1 to 4 : Mr.M.Govindan Spl. Government Pleader For Respondent No.5 : Mr.A.Kannan For Respondents 6 to 15, 17&18 : Mr.R.Sundar For Respondents 19 to 22, 24&25 : No appearance

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to remove the encroachment stated to have been caused by the respondents 6 to 26, in respect of the land in Town Survey No.96, Throwpathy Amman Oorani in Ramanathapuram, Ramanathapuram District. 2.We direct the respondents 4 and 5 to consider the representation submitted by the petitioner dated 22.09.2015, on merits and as per law, after issuing notice to the respondents 6 to 26 and other encroachers, if any. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

3.The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

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