M.Thirumalai, S/O.Muthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.22480 of 2018 and W.M.P.(MD)No.20338 of 2018 M.Thirumalai ... Petitioner -Vs1.The District Collector, Tirunelveli, 2.The Revenue Divisional Officer, 3.The Tahsildar, Sivagiri Taluk,

4.The Block Development Officer, Vasudevanallur Union, Vasudevanallur, Tirunelveli District.

5.The Executive Engineer, Public Works Department, Water Resources Organization, 6.The Superintendent of Police, 7.The Inspector of Police, Vasudevanallur Police Station, Vasudevanallur, Tirunelveli District.

8.Muthu Samy ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment allegedly caused by the 8th respondent in water channel from Periyakulam and Nambiyamparumbu (Western Ghat) to Kurukkankulam in Survey Nos.567, 541/1, 541/3 & 542 and as well Kurukkankulam in Survey

No.540 at Vasuthevanallur Union, Sivagiri Taluk, Tirunelveli District and further de-silt the above channel and ensure the water be streaming through it channel uninterruptedly.

For Petitioner : No appearance For R1 to 3 & R5 : Mr.S.P.Maharajan Special Government Pleader For R4 : Mr.Aayiram K.Selvakumar For R6 & R7 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed, seeking a direction to the respondents 1 to 5 to remove the encroachment made by the 8th respondent in the water channel from Periyakulam and Nambiyamparumbu (Western Ghat) to Kurukkankulam in Survey Nos.567, 541/1, 541/3 & 542 and as well Kurukkankulam in Survey No.540 at Vasuthevanallur Union, Sivagiri Taluk, Tirunelveli District and further de-silt the above channel and ensure that the water is streamlined through the said channel uninterruptedly.

2.No representation on behalf of the petitioner. 3.Today, when the matter was taken up for hearing, the learned Special Government Pleader for the respondents 1 to 3 and 5 submitted that the encroachment projected in the Writ Petition has already been removed and he has also produced photographs for such removal. 4.Recording the above said submission, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. [R.M.D., J.] & [J.S.N.P., J.] 11.10.2022 Index : Yes / No Internet : Yes / No Myr

To:

1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Revenue Divisional Officer, 3.The Tahsildar, Sivagiri Taluk, Tirunelveli District.

4.The Executive Engineer, Public Works Department, Water Resources Organization, 5.The Superintendent of Police, 6.The Inspector of Police, Vasudevanallur Police Station, Vasudevanallur,

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.22480 of 2018 11.10.2022