Madras High CourtWP(MD)/22613/2021disposed of

Ayyanar v. The District Collector

2021-12-21Honourable The Acting Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD) No.22613 of 2021 Ayyanar .. Petitioner Vs.

1.The District Collector, District Collector Office, Madurai, Madurai District.

2.The Assistant Executive Engineer, Public Works Department, Usilampatti, Madurai District.

3.The Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Block Development Officer, Sedapatti Union, Sedapatti, Madurai District.

5.The Thasildar, Peraiyur, Peraiyur Taluk, Madurai District.

6.The Executive Officer, Elumalai Town Panchayat, Peraiyur Taluk, Madurai District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents to dredge and to construct preventive walls in the Survey Nos.582, 584, 566 and 567 and lay concrete floors on the entire stretch of the 1/3

Vanna Odai and if any remaining places which covers our agriculture land and the residential areas of the 1st ward of Elumalai town, based on the petitioner's representation dated 16.11.2021. For Petitioner : Mr.P.Praveenkumar For R1 to R3 & R5 : Mr.B.Saravanan Additional Government Pleader For R4 & R6 : Mr.P.Thilakkumar Government Pleader

ORDER

[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] The public interest litigation has been filed to seek a direction on the respondents to dredge and construct a preventive wall in Survey Nos.582, 584, 566 and 567.

2. The photographs have been enclosed requiring not on tracing of lane, but to construct a preventive wall.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 and 5 submits that the preventive wall would be constructed and even at the same time, they will take action to trace the lane. The aforesaid statement has been made on the instructions of the second respondent.

4. In view of the above, this Writ Petition is disposed of with a direction to the second respondent to trace the lane and construct a preventive wall in Survey Nos.582, 584, 566 and 567. The compliance of the order would be made within a period of four months from the date of receipt of a copy of this order. A report of compliance would thereupon be submitted before this Court within a period of five months from today. No costs.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) bala/ssl 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.

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To 1.The District Collector, District Collector Office, Madurai, Madurai District.