Madras High CourtWP(MD)/9602/2016disposed of

T.M. Muthukumar v. The District Collector

2023-08-28Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.9602 of 2016 and W.M.P(MD)No.7634 of 2016 T.M.Muthukumar ... Petitioner Vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Commissioner, Corporation of Tiruchirappalli, Corporation Office, Bharathidasan Road, Condonement, Tiruchirappalli District.

3.Arumugam 4.Jothipandi ... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to take immediate steps to 1/4

stop the construction activities made by the respondents 3 & 4 in T.S.No.1518 and T.S.No.1518/1, Sri Rangam Municipal 1st Street, Vellithirumutham Village, Sri Rangam Taluk, Tiruchirappalli District and thereby save the "MALATTAR" river within the period stipulated by this Court. For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 & R.2 Mr.M.Ashokkumar for R.3 & R.4

ORDER

Heard the learned counsel on either side.

2. The writ petition was filed for removal of the encroachment committed by the private respondents. On the last occasion, we gave a direction that the private respondents could remove the encroachment on their own.

3. Today, when the matter was taken up for hearing, the private respondents have filed counter affidavit indicating that they have removed the encroachment on their own. It is confirmed by the learned counsel appearing 2/4

for the petitioner as well as by the learned Special Government Pleader appearing for the official respondents. No further order is required.

4. Recording the subsequent development and mandating the private respondents not to commit any encroachment on the water body in question, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 28.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Commissioner, Corporation of Tiruchirappalli, Corporation Office, Bharathidasan Road, Condonement, Tiruchirappalli District.

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

MGA W.P(MD)No.9602 of 2016 and W.M.P(MD)No.7634 of 2016 28.08.2023 4/4