Madras High CourtWP(MD)/19542/2024allowed

James Rajan v. The District Collector

2024-09-24Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi5 pages

1 W.P.(MD)NO.19542 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.19542 of 2024 Dr.James Rajan, Treasurer, Marthandam Kodheswaram Seva Trust, Kodheswaram Badrakaliamman Temple, Marthandam, Kanyakumari District.

... Petitioner Vs.

1. The District Collector, Kanyakumari District at Nagercoil.

2. The Joint Commissioner / Executive Officer, Kanyakumari District Thirukovilgal, Sucheendram, Kanyakumari District.

3. The Executive Officer, Kodheswaram Badrakaliamman Temple, Marthandam, Kanyakumari District.

4. The Executive Engineer, Public Works Department, Kanyakumari District.

(R-4 is suo motu impleaded vide order dated 20.08.2024) ... Respondents 1/4

2 W.P.(MD)NO.19542 OF 2024 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to desoil the Teppakulam and remove the encroachments in and around the Teppakulam and construct a wall, based on the petitioner's representation dated 09.01.2024.

For Petitioner : Mr.H.Velavadhas For R-1 & R-4 : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

For R-2 : Mr.R.Shankar Ganesh * * *

O R D E R

When the matter was taken up for hearing, it was confirmed at last that the petition-mentioned water-body belongs to the Public Works Department. The fourth respondent has already conducted survey. It is stated that the fourth respondent has already issued notices to all the encroachers.

2. The fourth respondent will adhere to due process of law and ensure that the encroachments are removed. The entire exercise will be completed as expeditiously as possible. Since the water-body happens to 2/4

3 W.P.(MD)NO.19542 OF 2024 be a "Theppakulam", the fourth respondent is directed to ensure that it is properly maintained. This writ petition stands allowed accordingly. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 24th September 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Kanyakumari District at Nagercoil.

2. The Joint Commissioner / Executive Officer, Kanyakumari District Thirukovilgal, Sucheendram, Kanyakumari District.

3. The Executive Engineer, Public Works Department, Kanyakumari District.

3/4

4 W.P.(MD)NO.19542 OF 2024 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.19542 of 2024 24.09.2024 4/4

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