Madras High CourtWP(MD)/25065/2019disposed of

Thangarsu v. The District Collector

2023-10-17Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.25065 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.25065 of 2019 Thangarasu ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Viralimalai Taluk, Pudukkottai.

3. The Block Development Officer, Viralimalai Union, Viralimalai Taluk, Pudukkottai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents Nos.1 to 3 forthwith to remove all the encroachments made in Veerankulam alias Veeranenthal tank comprised in survey No.335 of Kuttiapatti Village, Viralimalai Taluk, Pudukkottai District and consequently direct the 1/4

2 W.P.(MD)NO.25065 OF 2019 respondents Nos.1 to 3 to strengthen the Water Irrigation Canal namely Veerankulam alias Veeranenthal Taluk comprised in Survey No.335 of Kuttiapatti Village, Viralimalai Taluk, Pudukkottai District.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.V.Nirmal Kumar, Government Advocate.

* * *

O R D E R

Heard both sides.

2. The petitioner wants the petition-mentioned encroachment to be removed.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that survey had already been conducted and it revealed the extent of encroachment. It has been undertaken that the encroachment will be removed after adhering to due process of law. He undertakes that the entire exercise will be completed within a period of four months from the date of receipt of a copy of this 2/4

3 W.P.(MD)NO.25065 OF 2019 order. If there are any standing trees, they shall be taken over by the department. The private respondents will no longer have any control over them. The original condition of the water bodies shall be restored.

4. Recording the said undertaking, this writ petition stands disposed of. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 17th October 2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Viralimalai Taluk, Pudukkottai.

3. The Block Development Officer, Viralimalai Union, Viralimalai Taluk, Pudukkottai District.

3/4

4 W.P.(MD)NO.25065 OF 2019 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.25065 of 2019 17.10.2023 4/4