Sridhar Arumugam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.22059 of 2021 Sridhar Arumugam ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai North Taluk, 3.The Executive Engineer, Office of the Public Works Department, Karnal Penniquick Building, Tallakulam, Madurai - 625 002.

4.The Chief Engineer, Water Resources Organization, Madurai Region, Tallakulam, Madurai - 625 002.

5.The Superintending Engineer, Water Resources Organization, Periyar Vaigai Irrigation Circle, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachments in the water channel in Survey No.66/1, Oormetchikulam, Paravai II Bit Village, Madurai District within the time stipulated by this Court. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to remove the encroachments in the water channel in Survey No.66/1, Oormetchikulam, Paravai II Bit Village, Madurai District, within a time frame.

2.Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents has produced the letter of the Assistant Engineer, Water Resources Organization, Periyar Vaigai Irrigation Circle, T.Andipatti dated 17.10.2022 addressed to the 2nd respondent, whereby, the 2nd respondent has been directed to take steps to survey the land in question and then to remove the encroachments, in the place in question by due process of law.

3.The said submission is not refuted by the learned counsel for the petitioner.

4.In view of the above, this Court directs the authorities concerned to survey the land in question in the presence of the petitioner and all other parties concerned, after serving them due notice well in advance, within a period of three weeks from the date of receipt of a copy of this order. If there is any encroachment found in the place in question, the same shall be removed, after affording sufficient opportunity to all the parties concerned and by following due process of law within a period of eight weeks thereafter. 5.With the above direction, this Writ Petition is disposed of. No costs. [R.M.D., J.] & [J.S.N.P., J.] 28.10.2022 Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai North Taluk, Madurai.

3.The Executive Engineer, Office of the Public Works Department, Karnal Penniquick Building, Tallakulam, Madurai - 625 002.

4.The Chief Engineer, Water Resources Organization, Madurai Region, Tallakulam, Madurai - 625 002.

5.The Superintending Engineer, Water Resources Organization, Periyar Vaigai Irrigation Circle,

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.22059 of 2021 28.10.2022