Madras High CourtWP(MD)/20004/2023disposed of

Nagoor Meerasha v. The District Collector

2024-09-03Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.20004 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.20004 of 2023 Nagoor Meerasha ... Petitioner Vs.

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Sub Collector, Cheranmahadevi Sub Collector Office, Tirunelveli District.

3. The Tahsildar, Taluk Office, Nanguneri Taluk, Tirunelveli District.

4. The Assistant Engineer, Water Resource Department, Nambiyaru Water Basin, Nanguneri, Tirunelveli District.

5. A.S.A.Karunakaran ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to 1/4

2 W.P.(MD)NO.20004 OF 2023 remove the encroachment made by the fifth respondent in Upparu water channel which is situated in survey No.1393, Kalakadu Part 1, Nanguneri Taluk, Tirunelveli District and preserve the same in the light of the proceedings issued by the fourth respondent vide letter No.Ko. 13.01/U.Po.(Na)/2023 dated 13.06.2023 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For R-1 to R-4 : Mr.K.Balasubramani, Special Government Pleader.

For R-5 : Mr.H.Arumugam * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner alleges that the encroachments have been committed in Upparu water body.

3. When the matter was taken up for hearing, the learned Special Government Pleader submitted that the notice under Section 7 of the Tamil Nadu Land Encroachment Act had already been issued and that they would complete the exercise of removal of encroachments as early as possible.

2/4

3 W.P.(MD)NO.20004 OF 2023

4. The fifth respondent can very well respond to the notice issued under Section 7 of the Act and work out his remedy in the manner known to law. We direct that the entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 3rd September 2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.20004 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Sub Collector, Cheranmahadevi Sub Collector Office, Tirunelveli District.

3. The Tahsildar, Taluk Office, Nanguneri Taluk, Tirunelveli District.

4. The Assistant Engineer, Water Resource Department, Nambiyaru Water Basin, Nanguneri, Tirunelveli District.

W.P.(MD)No.20004 of 2023 03.09.2024 4/4