Palanisamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Palanisamy ... Petitioner Vs.
1.The District Collector, Collectorate Buildings, Dindigul.
2.The Superintendent of Police, 3.The Revenue Divisional Officer, Dindigul.
4.The Tahsildar, Dindigul East Taluk, Dindigul.
5.The Inspector of Police, Dindigul Taluk Police Station, Dindigul.
6.Jawahar 7.J.Murugeshwari 1/5
8.The Assistant Executive Engineer, WRD, Kudaganar Sub Division, Vedasandur, (R.8 is suo motu impleaded vide order of this Court dated 12.10.2023) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take action and remove the encroachment in pathway and Odai in S.No.351 of Mullipadi Village, Dindigul East Taluk, Dindigul District and restore the same to its original position, within the stipulated time and also to provide necessary police protection during this exercise and to take appropriate action against the private respondents or anybody obstructing the work of the official respondents. For Petitioner : Mr.H.Lakshmi Sankar For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.5 & R.8 Mr.R.Ramaduraifor R.6 & R.7
ORDER
Heard both sides.
2. The petitioner's demand is that the petition mentioned encroachment should be removed. The water body in question vests with the 2/5
Water Resources Department. The eighth respondent was therefore suo motu impleaded on the last occasion. Today when the matter was taken up for hearing, the learned Special Government Pleader submitted that Form - II notice was issued today (31.10.2023) and it has been received by the encroachers also.
3. We direct the eighth respondent to take the matter to its logical conclusion. Due process of law shall be scrupulously observed. If encroachments have been demonstrated to exist, they shall be removed. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. If the encroachers / private respondents offer any explanation, the same will also be duly taken into account before passing final order.
4. This writ petition is disposed of accordingly. There shall be no order as to costs.
[G.R.S., J.] [B.P., J.] 31.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/5
To 1.The District Collector, Collectorate Buildings, Dindigul.
2.The Superintendent of Police, 3.The Revenue Divisional Officer, Dindigul.
4.The Tahsildar, Dindigul East Taluk, Dindigul.
5.The Inspector of Police, Dindigul Taluk Police Station, Dindigul.
6.The Assistant Executive Engineer, WRD, Kudaganar Sub Division, Vedasandur, 4/5
G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
MGA 31.10.2023 5/5