Dismissed

P. Duraisamy, v. the District Collector

Madras HC5 Sept 2017WP(MD)/1202/2015

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench disposed of a writ petition seeking removal of encroachments in Kadambankulam Kanmai. The court accepted the District Collector's undertaking affidavit promising deepening of the remaining extent and restoration of the tank's original character. The petition was dismissed based on this undertaking without awarding costs.

What did the court decide?

Writ petition disposed of based on District Collector's undertaking to restore the tank and prevent future constructions; connected petitions closed.

P. Duraisamy, Vs the District Collector — Constitutional and Fundamental Rights | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.09.2017

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CORAM:

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THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.1202 of 2015 and M.P.(MD).No.1 of 2015 and W.M.P.(MD.No.5022 of 2017

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P.Duraisamy : Petitioner

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Vs.

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1.The District Collector, Dindigul District.

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2.The Tahsildar, Natham Taluk, Dindigul District.

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3.The Block Deveilopment Officer, Natham Block. Dindigul District.

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4.The Junior Engineer, Irrigation Department, Public Work Department, Natham Taluk, Dindigul District.

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5.The President, Velampatti Panchayat, Natham Taluk, Dindigul District.

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6.The Government of Tamil Nadu, Represented by its Chief Secretary, Fort. St.George, Secretariat, Chennai-600 009.

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7.The Commissioner, Land Administration,

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https://hcservices.ecourts.gov.in/hcservices/ Ezhilagam, Chepauk, Chennai.

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8.The Principal Secretary to Government,

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Revenue Department, Fort. St.George, Chennai.

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9.The Government of Tamil Nadu, Represented by the Principal Secretary, Public Works Department Fort St.George, Chennai. : Respondents

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(R6 to R9 are suo motu impleaded vide Court Order dated 19.07.2017 in W.P.(MD).No.1202 of 2015)

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to remove the encroachments in the Kanmai, namely, Kadambankulam Kanmai, situated in the Survey No.185/1, in Velampatti Panchayat, Natham Taluk, Dindigul District.

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For Petitioner : Mr.R.Shankar Ganesh For R.1, R.2 & R.4 : Mr.M.Govindan

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Special Government Pleader For R.3 & R.5 : Mr.S.Chandrasekar

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O R D E R [Order of the Court was made by G.R.SWAMINATHAN, J.]

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The writ petitioner seeks removal of the encroachments made in Kadambankulam Kanmai, situated in the Survey No.185/1, in Velampatti Panchayat, Natham Taluk, Dindigul District.

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2.The writ petitioner submits that the said kanmai is the only source of drinking water and agriculture for the villagers. But the Government is giving permission to conduct cattle market virtually in the catchment area of the kanmai. The Local Panchayat has put up community hall. As a result of such acts, the storage capacity of the kanmai has been reduced.

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3.The District Collector has filed his undertaking affidavit, dated 05.09.2017 and it has been specifically undertaken that the remaining extent of 1.76.5 Hectares of the tank would be deepened and that there will not be any future constructions in any manner in the tank area. The District Collector has given an undertaking that the original character of the tank in the available extent will also be restored as expeditiously as possible. The undertaking of the authority is https://hcservices.ecourts.gov.in/hcservices/ recorded.

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4.This Writ Petition is disposed of in terms of the said undertaking. No costs. Consequently, connected miscellaneous petitions are closed.

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Sd/Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District. 2.The Tahsildar, Natham Taluk, Dindigul District. 3.The Block Deveilopment Officer, Natham Block. Dindigul District. 4.The Junior Engineer, Irrigation Department, Public Work Department, Natham Taluk, Dindigul District. 5.The President, Velampatti Panchayat, Natham Taluk, Dindigul District. 6.The Government of Tamil Nadu, Represented by its Chief Secretary, Fort. St.George, Secretariat, Chennai-600 009. 7.The Commissioner, Land Administration, Ezhilagam, Chepauk, Chennai. 8.The Principal Secretary to Government, Revenue Department, Fort. St.George, Chennai. 9.The Government of Tamil Nadu, Represented by the Principal Secretary, https://hcservices.ecourts.gov.in/hcservices/ Public Works Department Fort St.George, Chennai.

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+1cc to M/S.R.Shankar Ganesh, Advocate SR.No. 77209 +1cc to Special Government Pleader, SR.No. 77297

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Order made in W.P.(MD)No.1202 of 2015 and M.P.(MD).No.1 of 2015 and W.M.P.(MD.No.5022 of 2017 dated: 05.09.2017

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tsg JM/SKN RSK/SAR 2/13.10.2017/4P/12C

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https://hcservices.ecourts.gov.in/hcservices/

P. Duraisamy, v. the District Collector

Case brief

What is this about?

What did the court decide?

P. Duraisamy, v. the District Collector

Case brief

What is this about?

What did the court decide?

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