Madras High CourtWP(MD)/21264/2024disposed of

Sureshkanna v. The District Collector

2024-10-15Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21264 of 2024 Sureshkanna ... Petitioner Vs.

1.The District Collector, Collectorate Building, 2.The Tahsildar, Taluk Office, Paramakudi, 3.The Executive Engineer, Public Works Department / WRO, Keezh Vaigai Basin Sub Division, 4.The Assistant Engineer, Public Works Department / WRO, Pasanaprivu-II, Ilaiyankudi, Sivagangai District.

5.Thangavel 6.Lakshmanan 1/4

7.Kandasamy 8.Chinnappa 9.The President, Keezhakavanur Village Panchayat, Nainarkovil Union, Radhapuli Group, (R9 is suo motu impleaded vide order dated 19.09.2024 in W.P.(MD)No.21264 of 2024 by GRSJ & BPJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent 1 to 4 to remove the all encroachments made by the private respondents on the tank bund in S.No.122 situated at Keezhakavanur Village, Radhapuli Group, Pramakudi Taluk, Ramanathapuram District and also appoint an Advocate Commissioner so as to ensure the implementation and report the same within a time frame as fixed by this Court.

For Petitioner :Mr.H.Lakshmi Shankar For Respondents :Mr.K.Balasubramanian Special Government Pleader for R1 to R4 : Mr.D.Senthil for R5 : Mr.R.Velmurugan for R6 to R8 : Mr.R.Ragavendran Government Advocate for R9 2/4

ORDER

Heard both sides.

2. We are satisfied that the private respondents have substantially complied with the earlier order passed by this Court for removal of the encroachment. However, to assure the writ petitioner, we direct the authorities to maintain the petition mentioned tank bund in the very same condition. No road shall be laid on the tank bund. That apart, the petition mentioned water body will be maintained as such for all times to come and no kind of encroachment will be made thereon. R5 to R8 are also restrained from putting up any construction on the kanmoi site.

3. The Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 15.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/4

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

rmi To 1.The District Collector, Collectorate Building, 2.The Tahsildar, Taluk Office, Paramakudi, 3.The Executive Engineer, Public Works Department / WRO, Keezh Vaigai Basin Sub Division, 4.The Assistant Engineer, Public Works Department / WRO, Pasanaprivu-II, Ilaiyankudi, Sivagangai District.

5.The President, Keezhakavanur Village Panchayat, Nainarkovil Union, Radhapuli Group, W.P(MD)No.21264 of 2024 15.10.2024 4/4