Court directed the fourth respondent (Tahsildar) to dispose of a pending representation regarding encroachment on a water body within six weeks, disposing of the writ petition without costs.
Direction to the fourth respondent to dispose of the pending representation within six weeks after giving due notice to the parties concerned.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2017
CORAM
THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE M.SUNDAR
W.P.No.26483 of 2017
A.Mani Appavu .. Petitioner
Vs.
1.The District Collector,
Coimbatore District,
Coimbatore.
2.The Chief Engineer,
Public Works Department (WRO),
Town Hall, Coimbatore – 641 001.
3.The Revenue Divisional Officer,
Coimbatore South, Coimbatore.
4.The Tahsildar,
Sulur Taluk, Coimbatore District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents forthwith to remove the encroachments made in the water body namely Samiyan Kuttai in S.F.No.109 comprised in Puliyamarathupalayam Village, Sultanpet, Sulur Taluk, Coimbatore District and restore its original status and to maintain the said irrigation tank free of all encroachments.
For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.T.N.Rajagopalan, Govt. Pleader (I/C)
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.)
Alleging that the encroachment has been made over the water body situated in Survey No.109 comprised in Puliyamarathupalayam Village, Sultanpet, Sulur Taluk, Coimbatore
District, the present writ petition has been filed, after finding the representation made on 10.09.2017 has not been looked into.
2.Heard the learned counsel appearing for the parties.
3.Learned Government Pleader (I/c) appearing for the respondents, on instructions, would submit that the classification is one of Natham. Be that as it may. Taking into consideration the pendency of the representation, we direct the fourth respondent to dispose of the same by taking appropriate action, after due notice to the parties concerned, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
-s/d-
Assistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
mmi
To
1.The District Collector,
Coimbatore District,
Coimbatore.
2.The Chief Engineer,
Public Works Department (WRO),
Town Hall, Coimbatore – 641 001.
3.The Revenue Divisional Officer,
Coimbatore South, Coimbatore.
4.The Tahsildar,
Sulur Taluk, Coimbatore District.
+1 CC to Mr.P. Saravanakumar, advocate sr 74386.
+1 CC to Govt. Pleader sr 74335.
W.P.No.26483 of 2017
SP(02/11/2017)
1 issue framed by the court
Whether the respondent authorities were to take appropriate action to dispose of the pending representation regarding encroachment on the water body within six weeks.
1 provisions across 1 enactments
A. Mani Appavu
The District Collector, Coimbatore District
The Chief Engineer, Public Works Department (WRO)
The Revenue Divisional Officer
The Tahsildar, Sulur Taluk
M.M. Sundresh
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
