Ramasamy. P v. The District Collector

1 W.P.(MD)NO.27334 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.27334 of 2023 P.Ramasamy ... Petitioner Vs.

1. The District Collector, Collectorate, Pudukkottai District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Illupur, Pudukottai District.

3. The Tahsildar, Taluk Office, Ponnamaravathy Taluk, Pudukkottai District.

4. The Executive Engineer, Public Works Department, Neervala Aathara Amaippu, Therku Vellaru Vadinila Kottam, Pudukottai.

5. The Assistant Engineer, Public Works Department, Neervala Aathara Amaippu, Karaiyoor, Pudukottai District.

6. P.R.U.Palaniyandi Ambalam ... Respondents 1/4

2 W.P.(MD)NO.27334 OF 2023 Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the sixth respondent in survey No.245/2 at Maravamadurai Village Panchayat, Ponnamaravathy Taluk, Pudukkottai District.

For Petitioner : Mr.K.C.Maniyarasu For R-1 to R-5 : Mr.K.Balasubramani, Special Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 to 5.

2. Issuance of notice to the sixth respondent is dispensed with.

3. The petitioner complains that the sixth respondent has committed encroachment on the petition-mentioned water-body. He wants the same has to be removed.

4. When the matter was taken up for admission, the learned Special Government Pleader submitted that Form-I notice has already been issued and that the sixth respondent 2/4

3 W.P.(MD)NO.27334 OF 2023 has been identified as an encroacher. It is undertaken by the official respondents that the process for removal of encroachment that has been initiated will be taken to its logical conclusion.

5. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. We further make it clear that the official respondents are bound to adhere to due process of law. The contentions of the sixth respondent are not foreclosed. This writ petition stands disposed of. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 21st November 2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.27334 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU To:

1. The District Collector, Collectorate, Pudukkottai District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Illupur, Pudukottai District.

3. The Tahsildar, Taluk Office, Ponnamaravathy Taluk, Pudukkottai District.

4. The Executive Engineer, Public Works Department, Neervala Aathara Amaippu, Therku Vellaru Vadinila Kottam, Pudukottai.

5. The Assistant Engineer, Public Works Department, Neervala Aathara Amaippu, Karaiyoor, Pudukottai District.

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