Madras High CourtWP(MD)/17121/2024allowed

Thavamani v. The District Collector

2024-09-03Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.17121 of 2024 Thavamani ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai-625 020.

2.The Commissioner of Municipal Corporation, Corporation of Madurai, Aringar Anna Maligai, 3.The Superintending Engineer, Madurai Region Periyar - Vaigai Basin Circle, 4.The Executive Engineer, Periyar-Vaigai Canal, Melur, 1/4

5.The Tahsildar, Madurai East Taluk Office, Narasingam, Madurai District.

... 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 6 to restore the Uthangudi School Oorani (Water Body) which is situated in Survey No.54, Uthangudi Village, Melur Main Road, Madurai District and to further direct the respondents No.1 to 6 to renovate the inflow and outflow water channels by considering the petitioner's representation dated 04.02.2024 within a stipulated time that may be fixed by this Court.

For Petitioner :Mr.Henri Patrick Tiphange For Respondents :Mr.Veerakathiravan Additional Advocate General III assisted by Mr.R.Raghavendran Government Advocate for R1, R3 to R5 : Mr.K.Manisekaran for R2

ORDER

Heard both sides.

2. All that the petitioner wants is restoration of Uthangudi School Oorani to its original position.

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3. It is well settled that encroachments on a water body are impermissible. The corporation survey's report itself indicates that inside the Oorani, encroachments have been committed. We direct the respondents herein to clear all the encroachments not only in the water body but also in the outlets and the inlets. The entire exercise shall be completed by the respondents within a period of three months from the date of receipt of a copy of this order.

4. The Writ Petition is allowed. No costs.

[G.R.S., J.] [B.P., J.] 03.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Madurai District, Madurai-625 020.

2.The Superintending Engineer, Madurai Region Periyar - Vaigai Basin Circle, 3/4

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

rmi 3.The Executive Engineer, Periyar-Vaigai Canal, Melur, 4.The Tahsildar, Madurai East Taluk Office, Narasingam, Madurai District.

W.P(MD)No.17121 of 2024 03.09.2024 4/4