Mahalingam v. Public Works Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.21757 of 2022 Mahalingam ... Petitioner -vs1.The Secretary to Government, Public Works Department, Secretariat, Chennai.

2.The District Collector, Pudukottai District, Pudukottai.

3.The Tahsildar, Aranthangi Taluk, Pudukottai Taluk.

4.The Assistant Engineer, Public Works Department, South Vellaru Basin Division, Aranthangi, Pudukottai District.

5.Mohamed Sharibu Rowuthar 6.Mohamed Sarab 7.Veerappudaiyan ... 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 remove

the encroachment made by the respondents 5 to 7 and others in South Vellaru river situated at Aranthangi Taluk, Pudukottai District by considering the petitioner's representation dated 09.05.2022. For Petitioner :

Mr.T.Lenin Kumar For Respondent :

Mr.P.Thilak Kumar, Government Pleader for R1 to R4

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 7 and others, in South Vellaru river, situated at Aranthangi Taluk, Pudukottai District, by considering the petitioner's representation dated 09.05.2022.

2. The learned counsel for the petitioner submitted that there are encroachments in South Vellaru river bed area. Despite the representation dated 09.05.2022, submitted by the petitioner for removal of such encroachments, no action was taken. Hence, this writ petition.

3. The learned Government Pleader appearing for the official respondents on instructions, submitted that the petitioner himself is an encroacher and that the property in question is nothing but a private patta land. He further submitted that if any encroachment is reported, the authorities would take appropriate action against the encroachers, including the petitioner, by following due process of law.

4. Recording the said submission, this Writ Petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 14.09.2022 Index : Yes / No Internet : Yes / No pkn To:

1.The Secretary to Government, Public Works Department, Secretariat, Chennai.

2.The District Collector, Pudukottai District, Pudukottai.

3.The Tahsildar, Aranthangi Taluk, Pudukottai Taluk.

4.The Assistant Engineer, Public Works Department, South Vellaru Basin Division, Aranthangi, Pudukottai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.21757 of 2022 14.09.2022