T. Madhavan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI T.Madhavan ... Petitioner Vs.
1.The District Collector, Dindigul District, Collectorate, Dindigul.
2.The Commissioner, Nilakottai Panchayat Union, 3.The Block Development Officer, Panchayat Union, 4.The Executive Officer, Ammaiyanayakanur Town Panchayat, Ammaiyanayakanur, Nilakottai Taluk, 5.The Executive Engineer (WRD), Public Works Department, Manjalaru Irrigational Division, Periyakulam, Theni District.
6.The Assistant Executive Engineer, Public Works Department, Maruthanathi Irrigational Sub-Division, 7.The Executive Engineer, National Highways Department, Dindigul Division, Dindigul.
8.The Tahsildar, Nilakottai Taluk, Taluk Office, 1/4
9.The Project Director, National Highways Authority of India, Plot No.3, Surya Towers, K.K.Nagar, Madurai - 625 020.
... Respondents [9th respondent is suo motu impleaded vide order dated 28.08.2019 W.P.(MD)No.17775 of 2019] Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents to take effective steps for restoring the water body 'Annasamuthiram Kanmai' and its feeder channels 'Thali Odai' and 'Arugamuty Odai' enabling every possible rainfall water in Sirumalai and other catchment area to be reached and stored in Annasamuthiram Kanmai, by desilting, restoring its shores and removing encroachments on water tank area and feeder channels. For Petitioner : Mr.R.Narayanan For R1, R5 to R8 : Mr.J.Gunaseelan Muthiah Additional Government Pleader For R2 to R4 : Mr.K.P.Krishnadoss Special Government Pleader
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner seeks re-alignment of the water Channel obliterated and taken possession pursuant to the re-alignment of the road.
2.The learned Special Government Pleader appearing for respondent Nos.2 to 4 submitted that it can only be done by taking re-course to acquisition proceedings and the proceedings are under contemplation.
3.In such view of the matter, this Writ Petition stands disposed of by directing respondent No.4 to initiate the acquisition proceedings within a period of four months from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/4
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To 1.The District Collector, Dindigul District, Collectorate, Dindigul.
2.The Commissioner, Nilakottai Panchayat Union, 3.The Block Development Officer, Panchayat Union, 4.The Executive Officer, Ammaiyanayakanur Town Panchayat, Ammaiyanayakanur, Nilakottai Taluk, 5.The Executive Engineer (WRD), Public Works Department, Manjalaru Irrigational Division, Periyakulam, Theni District.
6.The Assistant Executive Engineer, Public Works Department, Maruthanathi Irrigational Sub-Division, 7.The Executive Engineer, National Highways Department, Dindigul Division, Dindigul.
8.The Tahsildar, Nilakottai Taluk, Taluk Office, 3/4
9.The Project Director, National Highways Authority of India, Plot No.3, Surya Towers, K.K.Nagar, Madurai - 625 020.
+1 CC to M/s.R.NARAYANAN, Advocate ( SR-9269[F] dated 05/03/2021 ) +1 CC to M/s.SPL GP ( SR-8676[F] dated 04/03/2021 ) +1 CC to M/s.A.BASKARA PANDIYAN, Advocate ( SR-8855[F] dated 04/03/2021 ) 03.03.2021 SRK(CO) KB(15.03.2021) 4P 13C 4/4