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Madras High CourtWP(MD)/23678/2024dismissed

K.Vijay v. The District Collector

2024-10-04Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Vijay ... Petitioner vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The Assistant Engineer WRD, Department of Water Sources, Cavery Section, Kumbakonam, Thanjavur District.

3. The Sub Collector, Kumbakonam, Thanjavur District.

4. The Assistant Engineer, TANGEDCO, Kumbakonam, Thanjavur District.

5. The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

... Respondents Page No.1 of 4

Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 23.09.2024 and to provide alternative site and till then not to evict the petitioner from his residential house at No.55, Sangaraiyar Thottam, Kumbakonam (Post), Kumbakonam (Taluk), Thanjavur District, without due process of law.

For Petitioner : Mr.M.R.Sreenivasan For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader For R5 : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) We find that the Writ Petition is premature. Action is being taken to remove encroachments in all water bodies in Kumbakonam Town, pursuant to the orders of this Court.

2. Admittedly, no notice has been issued to the petitioner. Leaving it open to the petitioner to challenge the proceedings, if any notice is issued, the Writ Petition is dismissed. No costs.

(R.S.M, J.) (L.V.G, J.) 04.10.2024 Index : Yes / No : Yes / No smn2 Page No.2 of 4

To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Assistant Engineer WRD, Department of Water Sources, Cavery Section, Kumbakonam, Thanjavur District.

3. The Sub Collector, Kumbakonam, Thanjavur District.

4. The Assistant Engineer, TANGEDCO, Kumbakonam, Thanjavur District.

5. The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

Page No.3 of 4

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

smn2 ORDER MADE IN DATED : 04.10.2024 Page No.4 of 4