Madras High CourtWP(MD)/21258/2019allowed

S.Ramamoorthy v. The District Collector

2023-10-10Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21258 of 2019 and W.M.P.(MD)No.17920 of 2019 S.Ramamoorthy ... Petitioner Vs.

1.The District Collector, District Collectorate Campus, Virudhunagar District.

2.The Revenue Divisional Officer, Sattur Taluk, Virudhunagar District.

3.The Tahsildar, Vembakottai, Virudhunagar District.

4.The Deputy Chief Explosives Substances Control Officer, Explosive Substances Control Office, Sachiyapuram, Sivakasi, Virudhunagar District.

5.K.Karvannamoorthy ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the official respondents to initiate legal action as against the fifth respondent by considering the representation of the petitioner, dated 24.06.2019 and to remove the encroachments made in Survey No.943 and the water bodies situated in Survey Nos.1422/1, 1004/1 in Panaiyadipatti Village, Vembakottai Taluk, Virudhunagar District. For Petitioners :Mr.C.M.Arumugam For Respondent :Mr.K.Balasubramani, Special Government Pleader for R1 to R3 : Mr.S.Jeyasingh for R4 : no appearance for R5

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for R1 to R3 and the learned counsel appearing for the fourth respondent. The fifth respondent could not be served.

2. The prayer is for removal of encroachment in the petition mentioned water body.

3. The learned Special Government Pleader states that the fifth respondent has committed encroachment by putting up fencing. 2/4

4. If that be so, the encroachment committed by the fifth respondent shall be removed after adhering to due process of law. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 10.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, District Collectorate Campus, Virudhunagar District.

2.The Revenue Divisional Officer, Sattur Taluk, Virudhunagar District.

3.The Tahsildar, Vembakottai, Virudhunagar District.

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

rmi W.P(MD)No.21258 of 2019 10.10.2023 4/4