Murugan. D v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.20172 of 2021 D.Murugan ... Petitioner -vs1. The District Collector, Thoothukudi District, Thoothukudi.
2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.
3. The Tashildar, Kayathar, Thoothukudi District.
4. The Block Development Officer, Kayathar Panchayat Union Office, Kayathar, Thoothukudi District.
5. Southern Manavari (Rain-Fed Lands) Agriculturists Association, North Ilanthaikulam Village, Kayathar Taluk, Thoothukudi District (R5 is Suo Motu impleaded vide Court Order dated 01.12.2021 in WP(MD) No.20172 of 2021) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 4 to take
steps to remove the alleged encroachment in the water channel made by the unknown private individuals in survey Nos.276, 277, 279, 280, 281, 282, 283, 285/15, 286/2, 288, 289/2, 289/5, 290/5, 291, 292, 293, 294, 298, 299/15, 305, 307, 311, 317/4, 318, 322/5, 323, 330, 331/1, 332 and 333, North Ilanthaikulam Village, Kayathar Taluk,Thoothukudi District and also direct them to restore the water channel to its original shape, size and capacity according to law by considering the petitioner's representation dated 14.05.2021, within a stipulated time. For Petitioner :
Mr.S.Saravanan For Respondents :
Mr.G.V.Vairam Santhosh, Additional Government Pleader for R1 to R4 Mr.D.Sivaraman for R5
O R D E R
(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take steps to remove the alleged encroachment in the water channel made by the unknown private individuals in survey Nos.276, 277, 279, 280, 281, 282, 283, 285/15, 286/2, 288, 289/2, 289/5, 290/5, 291, 292, 293, 294, 298, 299/15, 305, 307, 311, 317/4, 318, 322/5, 323, 330, 331/1, 332 and 333, North Ilanthaikulam Village, Kayathar Taluk, Thoothukudi District and also to restore the water channel to its original shape, size and capacity, by
considering the petitioner's representation dated 14.05.2021, within a time frame.
2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 4, produced a communication of the Tahsildar, Kayathar, dated 22.11.2022, addressed to him and submitted that the authorities concerned have conducted survey in the aforesaid water channel and removed the encroachments therein on 03.10.2022 and 08.10.2022, itself. The said submission has not been stoutly refuted by the learned counsel for the petitioner.
3. Recording the above submission and communication dated 22.11.2022, this Writ Petition is disposed of leaving it open to the petitioner to approach the authorities concerned, to redress his grievance, if any. No costs.
[R.M.D., J.] [J.S.N.P., J.] 24.11.2022 Index : Yes / No Internet : Yes / No pkn
To:
1. The District Collector, Thoothukudi District, Thoothukudi.
2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.
3. The Tashildar, Kayathar, Thoothukudi District.
4. The Block Development Officer, Kayathar Panchayat Union Office, Kayathar, Thoothukudi District.
R.MAHADEVAN , J.
and J.SATHYA NARAYANA PRASAD , J.
pkn W.P.(MD) No.20172 of 2021 24.11.2022