M.Irulan, S/O.Malaiyandi, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8400 of 2017 and W.M.P.(MD)No.6400 of 2017 M.Irulan ... Petitioner Vs.
1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Sub Collector, Paramakudi, Ramanathapuram District.
3.The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.
4.The Executive Engineer, P.W.D., W.R.O., Paramakudi, Ramanathapuram District.
5.The Special Commissioner and Commissioner of Land Administration, Elilagam, Chepaukam, Chennai.
6.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
7.The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 7 to initiate appropriate steps to remove encroachments on the "Ooranis" and "Kuttais" situated at Paramakudi Town, Ramanathapuram District in T.S.Nos.22/3 in Ward D, Block 1, 25/23 in ward D, Block 3:112 in Ward E, Block 1; 158 in Ward E, Block 1; 165 in ward E, Block 1; 15/15 in ward E, Block
5; 74 in Ward F, Block 4; 34 in ward G, Block-6; 1 in ward G, Block 17; 1 in ward G, Block 26; 3, in ward G, Block 26; 48 in ward G, Block 27; 119 in ward G, Block 33; 24 in ward H, Block 18; 107 in ward H, Block 19;13/1 in ward C, Block 3 and 17 in ward C, Block-4 in the light of the Tamil Nadu Protection of tanks and Eviction of Environment Act, 2007 and restore them with their original capacity within a time frame that may be stipulated by this Court.
For Petitioner : Mr.B.S.Meltiue For Respondents 1, 2, 4 to 7 : Mr.M.Govindan Special Government Pleader For R3 : Mr.M.Kannan(Vakalat returned)
O R D E R
[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner earlier filed a writ petition in W.P.(MD). No.16655 of 2016 for the very same relief. The writ petition was dismissed with an observation that the encroachers were not made parties in the writ petition. Thereafter, the petitioner has come up with the present writ petition for the very same relief. Even in this writ petition, the encroachers are not parties.
2. The learned counsel for the petitioner contended that the petitioner is not in a position to collect the particulars of the encroachers, in view of the failure on the part of the respondents to give particulars.
3. The fact that the respondents have not given particulars of the encroachment would not be a reason to entertain this writ petition. In view of the earlier order dated 16.09.2016 in W.P. (MD)No.16655 of 2016, the present writ petition for the very same relief is not maintainable.
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4. In the result, the writ petition is dismissed. However, we make it clear that this order would not stand in the way of the petitioner from filing appropriate writ petition, after impleading the encroachers as parties. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar
To 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Sub Collector, Paramakudi, Ramanathapuram District.
3.The Executive Engineer, P.W.D., W.R.O., Paramakudi, Ramanathapuram District.
4.The Special Commissioner and Commissioner of Land Administration, Elilagam, Chepaukam, Chennai.
5.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
6.The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.
+1cc to M/S.B.S.MELTIUE, Advocate SR.No.69959 +1cc to Special Government Pleader, SR.No.70184 sss/akv MAS/KP/SAR2:28.09.2017:3P-9C W.P.(MD)No.8400 of 2017 01.08.2017