Agastus Polimers J v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20460 of 2024 J.Agastus Polimers ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Kanyakumari District.

2.The Assistant Executive Engineer, Water Resources Department, Palayaru Sub Division, Nagercoil, Kanyakumari District.

3.The Assistant Engineer, Irrigation Section, Bhoothapandy, Water Resources Department, Kanyakumari District.

4.The Tahsildar, Thovalai Taluk, Kanyakumari District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the encroachment in the irrigation water canal situated at Kumarapuram Village, Thovalai Taluk, Kanyakumari District in Survey Nos.654/09, 654/10, 654/11, 654/12, 654/13, 654/14, 654/15, 654/18, 654/19 and 654/20 by considering the petitioner's representation to the respondents dated 22.07.2024. For Petitioner :Mr.S.Ramasamy For Respondents :Mr.R.Raghavendran Government Advocate

ORDER

When the matter was taken up for hearing, the learned Government Advocate on instructions submitted that survey will be conducted in respect of the petition mentioned water canal. If encroachment is noticed, the same will be removed by adhering to due process of law. We make it clear that before conducting survey, notices will be issued to all the stake holders. Due process of law will be observed. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 2/4

2. The Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 29.08.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector / Monitoring Committee, Kanyakumari District.

2.The Assistant Executive Engineer, Water Resources Department, Palayaru Sub Division, Nagercoil, Kanyakumari District.

3.The Assistant Engineer, Irrigation Section, Bhoothapandy, Water Resources Department, Kanyakumari District.

4.The Tahsildar, Thovalai Taluk, Kanyakumari District.

3/4

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

rmi W.P(MD)No.20460 of 2024 29.08.2024 4/4