Uthandaraman.K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Uthandaraman ... Petitioner Vs.
1.The District Collector, District Collector Office, 2.The Director, Directorate of Municipal Administration, 75, Urban Administration Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 02.
3.The Commissioner, Sivakasi Corporation,
4. The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, Virudhunagar District.
5.The Thasildar, Thasildar Office, 1/4
Sivakasi Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to restore and preserve the Water Tank (Oorani) situated at Sivakasi Corporation Ward C, Block No.6, Town Survey No.15, measuring to an extent of 1 Acre, which is classified as Government Poramboku (Oorani) based on the representation sent by the petitioner dated 08.04.2023.
For Petitioner : Mr.R.Rajamohan For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1, R2, R4 & R5.
Mrs.S.Devasena for R3.
ORDER
Heard both sides.
2.The petition mentioned tank is lying within the corporation limit of Sivakasi. It is categorically asserted by the respondents that the water body has not been encroached as such. But then it is not in proper 2/4
condition. The photographs produced by the learned counsel for the petitioner would indicate that two many shrubs have been grown in the tank. We also have a doubt that a building has been constructed within the tank boundaries. In order to dispel the same, the respondent are directed to conduct proper survey. All efforts will be made to restore the water body to its original condition. The shrubs that have grown in the water body shall be removed. This exercise shall be done as expeditiously as possible.
3.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 23.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, District Collector Office, 3/4
G.R.SWAMINATHAN, J.
and B.PUGALENDHI, J.
ias 2.The Director, Directorate of Municipal Administration, 75, Urban Administration Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 02.
3.The Commissioner, Sivakasi Corporation,
4. The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, Virudhunagar District.
5.The Thasildar, Thasildar Office, Sivakasi Taluk, 23.11.2023 4/4