Madras High CourtWP(MD)/16275/2024disposed of

M.Vijayaraj v. The District Collector / Monitoring Committee

2024-07-23Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.16275 of 2024 M.Vijayraj ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Dindigul District, Dindigul.

2.The Tahsildar, Oddanchatram Taluk, Dindigul District.

3.The Executive Engineer, Public Works Department, Nangachiyar Division, Palani, Dindigul District.

4.K.Karuppanan 5.K.Kumar ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the Respondents No.1 to 3 to remove the Water 1/4

body encroachment made by the Respondents No.4 and 5 in Surey No. 333, 340 in Vellore Annapatti village, Oddanchatram Taluk, Dindigul District within the time frame stipulated by this Court.

For Petitioner :Mr.S.Rajasekar For Respondents :Mr.M.Senthil Ayyanar Government Advocate for R1 to R3

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for R1 to R3. Issuance of notice to R4 & R5 is dispensed with.

2. The petitioner alleges that the private respondents herein have expanded the extent of their field and reduced the width of the bund. It is undertaken by the second respondent that survey notice will be issued to all the stake holders and the original position will be restored. Survey will be conducted in the presence of the persons concerned and if it is noticed that the width of the bund suffered reduction, the original position will be restored. We make it clear that we have not gone into the merits of the matter. The official respondents are adhere to due process of law. This exercise shall be completed by the respondents 1 to 3 within a period of four months from the date of receipt of a copy of this order.

2/4

3. The Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 23.07.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector / Monitoring Committee, Dindigul District, Dindigul.

2.The Tahsildar, Oddanchatram Taluk, Dindigul District.

3.The Executive Engineer, Public Works Department, Nangachiyar Division, Palani, Dindigul District.

3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)No.16275 of 2024 23.07.2024 4/4