Allowed

V.N.Duraisamy v. The District Collector

Madras HC6 Oct 2021WP/21634/2021

Case brief

AI extract

What is this about?

Writ petition filed regarding alleged encroachment on a public water body in Erode District. Court directed the Block Development Officer to inspect the site immediately and dismantle any unauthorized pipelines.

What did the court decide?

Directed the second respondent to look into the grievance, conduct a spot inspection, and immediately dismantle any unauthorized pipeline and ensure no third party draws water from the tank.

V.N.Duraisamy Vs The District Collector — Landlord and Tenant | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.10.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

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AND

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THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

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WRIT PETITION NO.21634 OF 2021

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V.N.Duraisamy ...Petitioner

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Vs

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1.The District Collector,
 Erode District, Erode.

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2.The Block Development Officer,
 Panchayat Union, Modakkurichi,
 Erode District.

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3.The President,

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 60, Velampalayam Village Panchayat,
 Velampalayam, Modakkurichi Taluk,
 Erode District. ...Respondents

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PETITION under Article 226 of The Constitution of India
praying for the issuance of a Writ of Mandamus directing the
respondents to take appropriate action for removal of the
encroachment made in S.Nos.582/2, 582/4 and 578/3, Velampalayam,
Modakkurichi Taluk, Erode District.

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For Petitioner : Mr.C.Prakasam
For Respondents 1 & 2: Mr.P.Muthukumar, GP

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Order of the Court was made by T.S.SIVAGNANAM,J

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We have heard Mr.C.Prakasam, learned counsel for the
petitioner and Mr.P.Muthukumar, learned Government Pleader
accepting notice for respondents 1 and 2. In view of the limited
nature of the relief, which we propose to grant in this writ
petition, notice to the third respondent is dispensed with and
the writ petition itself is taken up for final disposal.

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

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2. The petitioner, by way of this writ petition, styled
as a public interest litigation, seeks a direction to the
respondents to take action for removal of the encroachments in
S.F.Nos.582/2, 582/4 and 578/3, Velampalayam, Modakkurichi
Taluk, Erode District, which, according to the petitioner, is a
water body. In this regard, a representation dated 17.8.2021 has
been given to respondents 1 and 2 and it has been signed by the
villagers enclosing a copy of the resolution passed by the
panchayat to take action against the encroachers. The allegation
made in the said representation is that certain third parties
laid a pipeline and are attempting to draw water from the water
body, which is a public tank under the control of the panchayat.

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3. If the allegation is correct, then immediate action
should be taken by the authorities.

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4. The learned Government Pleader, on oral instructions
from the second respondent, submits that action has been
initiated and it will be ensured that no private party is
permitted to draw water from the public tank by laying a
pipeline or by any other means. This is recorded.

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5. In the light of the above, we dispose of the writ
petition by directing the second respondent to look into the
grievance of the petitioner and conduct a spot inspection and if
any third party has laid pipeline, it shall be immediately
dismantled and it shall be ensured that no third party is
permitted to draw water from the public tank. No costs.

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Sd/-

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// True Copy //

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Sub Assistant Registrar

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RS

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To

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1.The District Collector, Erode District, Erode.

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

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2.The Block Development Officer,
 Panchayat Union,
 Modakkurichi,
 Erode District.
+1CC to The Government Pleader, SR.No. 52324

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WP.No.21634 of 2021

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PM(CO)
B.VC (20/10/2021)

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

V.N.Duraisamy v. The District Collector

Case brief

What is this about?

What did the court decide?

V.N.Duraisamy v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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