Disposed

R.Sureshkumar v. the District Collector

Madras HC25 Oct 2018WP(MD)/15526/2018

Case brief

AI extract

What is this about?

Writ petition filed for removal of sand road across a canal allegedly laid by private parties. Single Judge directs the Tahsildar to conduct an enquiry between the parties within eight weeks to determine if it was an encroachment or permissible bunding activity. Petition disposed pending enquiry.

What did the court decide?

Directed the fourth respondent (Tahsildar) to conduct an enquiry within eight weeks and decide whether the activity was an encroachment or permissible intending to allow use of bund if version of priv

R.Sureshkumar Vs the District Collector — Writ and Judicial Review | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 25.10.2018

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CORAM:

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THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.[MD].No.15526 of 2018

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R.Sureshkumar : Petitioner

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Vs.

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The District Collector, Thanjavur District, Thanjavur. 2. The District Revenue Officer, Thanjavur District, Thanjavur. 3. The Revenue Divisional Officer, Kumbakonam, Thanjavur District. 4. The Tahsildar, Pabanasam Taluk, Pabanasam, Thanjavur District. 5. Loganathan 6. Rajan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the illegally laid sand road across the Naduvaikkal canal in Kambarnatham Village, Pabanasam Tauk, Thanjavur District, allegedly committed by the respondents 5 and 6 and further repair and desilt it and ensure the free flow of water stream of Vadavaatru river through the Naduvaikal canal for irrigating the so many hectares of agricultural lands on the basis of representation dated 07.07.2018. For petitioner : Mr.T.Indrachithu For respondents 1 to4 : Mr.N.Shanmugaselvam Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For Respondents 5&6 : Mr.H.Lakshmi Shankar

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.]

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While the petitioner contends that the private respondents herein are encroachers, the learned counsel appearing for the respondents 5 and 6 submits that what has been done is the levelling of bund, over which the vehicles have been carried out.

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In our view, the above issue needs to be looked into by the fourth respondent. Accordingly, we direct the fourth respondent herein to conduct an enquiry, by calling both the parties and decide the issue. If the version of the learned counsel for the respondents 5 and 6 is true, then, the respondents 5 and 6 should be permitted to use the bund alone without affecting the water stream. Such exercise will have to be done within a period of eight weeks from the date of receipt of a copy of this order.

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The Writ Petition is disposed of, on the above terms. No costs.

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Sd/Assistant Registrar (CS-II)

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/True Copy/

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Sub Assistant Registrar (CS-IV)

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The District Collector, Thanjavur District, Thanjavur.

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The District Revenue Officer, Thanjavur District, Thanjavur.

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The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

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The Tahsildar, Pabanasam Taluk, Pabanasam, Thanjavur District.

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- 1 CC TO Mr.T.INDRACHITHU, ADVOCATE IN SR No. 92088

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NB TE/SKN/SAR-4 : 13/11/2018 : 2P/6C

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

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ORDER MADE IN W.P.[MD].No.15526 of 2018 25.10.2018

R.Sureshkumar v. the District Collector

Case brief

What is this about?

What did the court decide?

R.Sureshkumar v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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