A. Devarajan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No. 9657 of 2013 and M.P.(MD).No.1 of 2013 and W.M.P.(MD)No.2648 of 2016 A.Devarajan ... Petitioner vs.

1.The District Collector, Madurai Districit, Madurai.

2.The Revenue Divisional Offiecr, 3.The Tahsildar, 4.The Superintending Engineer, Public Works Department, Penni Cuik Complex, Madurai.

5.C.Marichamy 6.C.Pitchai 7.C.Paraman 8.C.Sivathiveeran 9.Songammal 10.C.Pandi 11.Kasammal 12.G.Chellaveeranan 13.G.Veerapandi 14.G.Soundarapandi 15.P.Selvam 16.P.Singaveera Thevar 17.M.VeeranaThevar 18.M.Dharmar 19.M.Pounsamy 20.P.Selvaraj 21.E.Kuppusamy 22.S.Ravi 23.S.Thesingurajan 24.P.Kannan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to restore "Kammanathevan Oorani" in S.No.99 of Usilampatti Village and Taluk, Madurai Disitrict after evicting the encroachers, namely, respondents 5 to 24.

For Petitioner : Mr.D.Malaichamy For Respondents : Mr.M.Govindan, Spl. Govt. Pleader for R1 to R4 : No Appearance for R5 to R 7 : Mr.J.Barathan for T.R.Jeyabalan for R8 to 14 & R16 to R21 & 23

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents 1 to 4 to remove the encroachment caused by the respondents 5 to 24 in respect of a water body. 2.The learned counsel for the private respondents, on instructions, submitted that the Government have granted patta to the respondents 5 to 24 and as such, there is no question of eviction of the alleged encroachers.

3.The petitioner has not impleaded the District Revenue Officer as a party to the respondent. The question as to whether the competent authority was correct in granting patta to the respondents 5 to 24 in respect of a water body is essentially an issue to be decided by the District Revenue Officer.

4.We give liberty to the petitioner to submit a comprehensive representation to the District Revenue Officer, Madurai. In case, any such representation given, the same shall be considered and disposed of on merits and as per law, after issuing notice to the respondents 5 to 24. Such exercise shall be completed within six months from the date of receipt of representation. 5.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai Districit, Madurai.

2.The Revenue Divisional Offiecr,

3.The Tahsildar, 4.The Superintending Engineer, Public Works Department, Penni Cuik Complex, Madurai.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.65586 +1cc to Mr.T.R.JEYAPALAM Advocate in SR. No.65173 +1cc to Mr.D.MALAICHAMY Advocate in SR. No.64869 ARUL/SKM JS/SV/SAR.1/27.7.2017/3P-8C W.P.(MD) No. 9657 of 2013 and W.M.P.(MD)No.2648 of 2016 and M.P.(MD).No.1 of 2013 12.07.2017