Madras High Court
V.Ilaiyaraja vs The District Collector on 30 November, 2022
W.P.(MD)No.27086 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2022
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.27086 of 2022
V.Ilaiyaraja ... Petitioner
Vs.
1.The District Collector,
Office of the District Collector,
Madurai District.
2.The Commissioner,
Madurai Corporation,
Aringar Anna Maaligai,
Madurai District.
3.The Revenue Tahsildar,
Office of the Revenue Tahsildar,
Revenue and Disaster Management Department,
Revenue Administration, Maduari South,
District Collector Office Campus,
Madurai District.
4.The Superintending Engineer,
Office of the Superintending Engineer,
Department of Water Resources,
Periyaar Vaigai Vadinila Vattam,
Madurai District.
5.The Chief Engineer,
Office of the Chief Engineer,
Madurai Electricity Distribution Zone/Metro,
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.27086 of 2022
Tamilnadu Generation and Distribution Corporation,
K.Pudur, Madurai District. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India,
praying to issue a Writ of Mandamus, to direct the respondents
herein to remove the encroachment in Town S.No.71, Block No.8,
Survey Ward No.1-A, Anuppanadi Revenue village, Madurai South,
Madurai District, which is classified as Oorani (Water body) to an
extent 0.8790.0 Square Meter in the light of the Judgment rendered
in WP(MD)No.22163/2018, dated 27.01.2022, by considering
petitioner's representation dated 12.08.2022.
For Petitioner : Mr.K.Mathan
For Respondents 1, 3 to 5 : Mr.S.P.Maharajan
Special Government Pleader
For 2nd Respondent : Mr.K.K.Kannan
Standing Counsel
***
ORDER
(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 respondents to
remove the encroachment in Town S.No.71, Block No.8, Survey
Ward No.1-A, Anuppanadi Revenue village, Madurai South, Madurai
District, which is classified as Oorani (Water body) to an extent
0.8790.0 Square Meter, in the light of the Judgment rendered in
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.27086 of 2022
WP(MD)No.22163/2018, dated 27.01.2022, by considering his
representation dated 12.08.2022.
2. Heard Mr.K.Mathan, learned counsel for the
petitioner, Mr.S.P.Maharajan, learned Special Government Pleader,
who accepts notice on behalf of the respondents 1, 3 to 5 and
Mr.K.K.Kannan, learned Standing Counsel, who accepts notice on
behalf of the 2nd respondent. By consent of both parties, the Writ
Petition is taken up for final disposal at the admission stage itself.
3. Alleging that encroachments have been made in
the Oorani to an extent 0.8790.0 Square Meter in Town S.No.71,
Block No.8, Survey Ward No.1-A, Anuppanadi Revenue village,
Madurai South, Madurai District, by constructing buildings,
including the Madurai Corporation Drainage Water Pumping
Station, Pandian Cooperative Society Kerosene Distribution Shop
and a Temple, the petitioner submitted a representation to the
official respondents on 12.08.2022, and the same, according to the
learned counsel for the petitioner, remains as such. Hence, the Writ
Petition.
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W.P.(MD)No.27086 of 2022
4. Learned counsel for the petitioner would further
submit that though the petitioner has sought for a larger relief, he
would be satisfied, if a direction is issued to the 1st respondent to
dispose of his representation dated 12.08.2022, within a time
frame.
5. Considering the limited scope of the prayer now
sought for by the petitioner, without expressing any opinion on the
merits of the claim made by the petitioner, either in the
representation or in the affidavit filed in support of the Writ
Petition, this Writ Petition is disposed of with a direction to the 1st
respondent to consider the representation of the petitioner dated
12.08.2022, and pass appropriate orders on merits and in
accordance with law. If there is any encroachment as claimed by the
petitioner, after issuing notice and conducting survey in the
presence of the petitioner and any other parties concerned, the
authorities shall take necessary action for removal of the
encroachments, after affording an opportunity of hearing to all the
parties and by following due process of law. Such an exercise shall
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W.P.(MD)No.27086 of 2022
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.]
30.11.2022
Internet : Yes / No
Index : Yes / No
sj
To
1.The District Collector,
Office of the District Collector,
Madurai District.
2.The Revenue Tahsildar,
Office of the Revenue Tahsildar,
Revenue and Disaster Management Department,
Revenue Administration, Maduari South,
District Collector Office Campus,
Madurai District.
3.The Superintending Engineer,
Office of the Superintending Engineer,
Department of Water Resources,
Periyaar Vaigai Vadinila Vattam,
Madurai District.
4.The Chief Engineer,
Office of the Chief Engineer,
Madurai Electricity Distribution Zone/Metro,
Tamilnadu Generation and Distribution Corporation,
K.Pudur, Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.27086 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
sj
W.P(MD)No.27086 of 2022
30.11.2022
https://www.mhc.tn.gov.in/judis
