Kathan, S/O.Alagu, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.19864 of 2017 Kathan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Singampunari Taluk, Singampunari, Sivagangai District.

3.Alagu ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to remove the encroachment made in S.No. 183/2 which connects the Chinnakanmoi in K.Uthampatti Village, Piranpatti Group, Singampunari Taluk, Sivagangai District made by the 3rd respondent based on the petitioner's representation dated 14.09.2017.

For Petitioner : Mr.D.Rameshkumar 1/4

For Respondents 1 and 2 : Mr.S.P.Maharajan Special Government Pleader For 3rd Respondent : No appearance * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the 2nd respondent to remove the encroachment made in S.No. 183/2, which connects the Chinnakanmoi, in K.Uthampatti Village, Piranpatti Group, Singampunari Taluk, Sivagangai District made by the 3rd respondent based on the petitioner's representation dated 14.09.2017.

2.

Heard Mr.D.Rameshkumar, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents 1 and 2. 3.

Claiming that the water channel in S.No.183/2, which connects the Chinnakanmoi, in K.Uthampatti Village, Piranpatti Group, Singampunari Taluk, Sivagangai District, is encroached by the 3rd respondent, the petitioner submitted a representation to the official respondents on 14.09.2022 and the 2/4

same, according to learned counsel for the petitioner, is unattended. 4.

Learned Special Government Pleader appearing for the respondents 1 and 2 submitted that subsequent to the representation of the petitioner dated 14.09.2017, Section VII notice has been issued to the encroacher followed by Section VI notice. He would further submit that the encroachment would be removed, if not already removed, within a period of eight weeks. 5.

Recording the said submission, this Writ Petition is disposed of with a direction to the second respondent to take necessary action for removal of encroachment on the water channel in S.No.183/2, which connects the Chinnakanmoi, in K.Uthampatti Village, Piranpatti Group, Singampunari Taluk, Sivagangai District, by following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 13.09.2022 Internet : Yes / No Index : Yes / No sj 3/4

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Singampunari Taluk, Singampunari, Sivagangai District.

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