K.R. Jeyasundar M.Raj, v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.14768 of 2013 K.R.Jeyasundar M Raj : Petitioner Vs.
1.The Commissioner, Rural Development Department, Government of Tamil Nadu, Panangal Maligai, Saidapet, Chennai-600 015.
2.The Secretary to the Government, Public Works Department, Fort St. George, Chennai-600 009.
3.The District Collector, Tirunelveli District, Collectorate, Tuticorin-628 101.
4.The Block Development Officer, Alwarthirunagari Panchayat Union, Alwarthirunagari-628 612, Tuticorin District.
5.The Tahsildar, Tiruchendur Taluk, Tiruchendur-628 215.
6.The President, Mookuperi Panchayat, Mookuperi-628 616, Tuticorin District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the
respondents to maintain Oolaiyittan Tank called as Mookuperi Tank, situated in Mookuperi Village, Tiruchendur Taluk, Tuticorin District, by removing the encroachments, and other obstacles caused to the source of supply of water to the said Tank, and preserve and restore the same to its original condition, by deepening the tank and also by removing the stilts, and whatever necessary for such restoration to its original condition, by acting on the representations dated 28.07.2011, 21.08.2012 and 05.03.2013, within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Subbiah For Respondents 1to5 : Mr.T.R.Janarthanan, Additional Government Pleader ********
O R D E R
*********** [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation seeking a direction to the respondents to remove the encroachments made in Oolaiyittan Tank called as Mookuperi Tank, situated in Mookuperi Village, Tiruchendur Taluk, Tuticorin District and to maintain the said tank.
2. It is submitted by the learned Additional Government Pleader that there is no encroachment as of now and the encroachments available had already been removed. The said statement is recorded.
3. So far as the deepening of the tank is concerned, the request of the petitioner will be considered, subject to the financial sanction, it is further submitted.
4. Having regard to all the above, no further direction needs to be issued in this Writ Petition. The Writ Petition is, therefore, dismissed as infructuous. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner, Rural Development Department, Government of Tamil Nadu, Panangal Maligai, Saidapet, Chennai-600 015.
2.The Secretary to the Government, Public Works Department, Fort St. George, Chennai-600 009.
3.The District Collector, Tirunelveli District, Collectorate, Tuticorin-628 101.
4.The Block Development Officer, Alwarthirunagari Panchayat Union, Alwarthirunagari-628 612, Tuticorin District.
5.The Tahsildar, Tiruchendur Taluk, Tiruchendur-628 215.
+One cc to The Special Government Pleader, SR.No.56402 SML RL/7C/3P/SKS/RR/14.10.2016 Order made in W.P.[MD].No.14768 of 2013 Dated: 26.09.2016