Madras High CourtWP(MD)/21032/2021disposed of

Gomathy Konar M v. The District Collector

2021-11-25Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.21032 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.21032 of 2021 M.Gomathy Konar ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Block Development Office, Manoor Panchayat Union, Tirunelveli District.

3.The Tahsildar, Manoor, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to remove the mud filled gunny bags put up by private persons unlawfully over the 'Marukal' situated in Thirumaalapuram Kulam, Kalakudi Village and restore the same to its original position in accordance to the order dated 19.12.2019 passed by this Court in W.P.(MD)No.26990 of 2019.

For Petitioner : Mr.K.Jeyamohan For R1 & R3 : Mr.D.Ghandiraj Special Government Pleader For R2 : Mr.C.Satheesh Government Advocate

O R D E R

Mr.D.Ghandiraj, learned Special Government Pleader, takes notice on behalf of respondents 1 and 3; and Mr.C.Satheesh, learned Government Advocate, takes notice for the second respondent.

2.The writ petition has been filed in the nature of writ of mandamus seeking a direction against the respondents to remove the mud filled gunny bags put up by private persons, according to the petitioner, unlawfully, over the Marukal in Thirumaalapuram Kulam, Kalakudi Village in Tirunelveli District and restore the Marukal to its original position. There has been an earlier order in W.P.(MD)No.26990 of 2019 dated 19.12.2019 in this regard. A further order need is not required.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.21032 of 2021 3.I am confident that the District Collector, Tirunelveli on receipt of a copy of this order, would take necessary action in accordance with the procedure and also in accordance with the direction of this Court in the aforesaid writ petition. Let the District Collector do the needful within a period of eight weeks from the date of receipt of a copy of this order. 4.With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) sji Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Block Development Office, Manoor Panchayat Union, Tirunelveli District.

3.The Tahsildar, Manoor, Tirunelveli District.

+1 CC to M/s.C. SATHESH, Advocate (SR-36142[F] dated 26/11/2021) +1 CC to M/s.SPL GP (SR-36276[F] dated 29/11/2021) +1 CC to M/s.K. JEYAMOHAN, Advocate (SR-36091[F] dated 26/11/2021) W.P.(MD) No.21032 of 2021 25.11.2021 NSN(CO) SB(07.12.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2