Disposed

P. Suresh Kumar, v. the District Collector

Madras HC28 Jul 2017WP(MD)/14033/2014

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court issued a direction to the Tahsildar to remove the encroachment put up by the third respondent in the specified water body area. The Court directed the Tahsildar to issue notice to the alleged encroachers before taking action and complete the exercise within three months.

What did the court decide?

Direction to the Tahsildar to remove encroachment in the water body area within three months after issuing notice to alleged encroachers.

P. Suresh Kumar, Vs the District Collector — Environment and Pollution | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 28.07.2017

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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.14033 of 2014

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P.Suresh Kumar ... Petitioner

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Vs.

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The District Collector, Tirunelveli District, Tirunelveli. 2. The Tahsildar, Nanguneri Taluk, Nanguneri. 3. Vasantha Selvanayagam ... Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st and 2nd Respondents to remove the encroachment put up by the 3rd Respondent at water body area in Survey Nos. 109/1 24/1 25/3 and 26 at Nallapithan Odai and Nallapithan Kulam, Thalapathi Samuthiram Village (Part II) Nanguneri Taluk, Tirunelveli District on or before a date specified by this Court in the light of the order of the 1st respondent in Na.Ka. G3/22560/12 dated 13.02.2014.

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For Petitioner : Mr.S.Chinnan For Respondents : Mr.M.Govindan, Spl.G.P. For RR1 and 2 Mrs.Anbarasi Dhanaseelan for Mr.C.Dhanaseelan for R3

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O R D E R

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(Order of the Court was made by G.R.SWAMINATHAN, J.)

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The writ petitioner seeks direction for removal of the encroachment said to have been put up by the third respondent in the water body area in Survey Nos. 109/1,24/1,25/3 and 26 at Nallapithan Odai and Nallapithan Kulam, Thalapathi Samuthiram Village (Part II), Nanguneri Taluk, Tirunelveli District. The writ petitioner had https://hcservices.ecourts.gov.in/hcservices/ already given a representation on 16 December 2013 to the first respondent in this regard.

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2.The first respondent had also directed the second respondent to take steps for removal of the encroachment.

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3.Accordingly, a direction is issued to the second respondent

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to take steps for removal of the encroachment in the water body in question. It is needless to state that the second respondent shall issue notice to the alleged encroacher or encroachers, if any before taking any such action and follow due process of law. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

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4.The writ petition is disposed of with the above direction. No costs.

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Sd/-

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Assistant Registrar (CS-II)

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/True Copy/

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Sub Assistant Registrar

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The District Collector,

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Tirunelveli District, Tirunelveli.

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The Tahsildar, Nanguneri Taluk, Nanguneri.

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- 1 CC TO Mr.C.DHANASEELAN, ADVOCATE IN SR No. 68728

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SKM/ARUL

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TE/GT/SAR-II : 09/08/2017 : 2P/4C

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W.P(MD)No.14033 of 2014 28.07.2017

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

P. Suresh Kumar, v. the District Collector

Case brief

What is this about?

What did the court decide?

P. Suresh Kumar, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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