Madras High CourtWP(MD)/22608/2023disposed of

Marimuthu.P v. The District Collector

2023-09-20Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Marimuthu ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Executive Engineer, Sarugani River Aquifer Zone, Collectorate, Sivagangai.

3.The Tahsildar, Thiruppuvanam Taluk, 4.The Assistant Executive Engineer, Thiruppuvanam, ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachment made by a group of villagers in the village Kanmoi (water body) in Survey No. 57/1 to an extent of 31.97.50 Hecters of Ladanenthal Village, Thiruppuvanam Taluk, Sivagangai District within the stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.Sankar For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2. The petitioner wants the encroachments in the petition mentioned Kanmoi to be removed.

3. The learned Special Government Pleader appearing for the respondents states that action has already been initiated under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. On 12.05.2023, resurvey was conducted. On 11.08.2023, Form - I notice was received from the Tahsildar by the PWD official. On 19.09.2023 Form - II notice was issued.

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4. We direct the respondents to take the proceedings to their logical conclusion. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 20.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Executive Engineer, Sarugani River Aquifer Zone, Collectorate, Sivagangai.

3.The Tahsildar, Thiruppuvanam Taluk, 3/4

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

MGA 4.The Assistant Executive Engineer, Thiruppuvanam, 20.09.2023 4/4