Appathurai. K v. the District Collector
Case brief
What is this about?
The Madurai Bench of the Madras High Court held that since the water stagnation alleged by the petitioners was resolved following compliance by the Block Development Officer, the specific prayer to remove encroachment was satisfied. The Court directed that due process of law must be followed before any removal attempt and closed the writ petition.
What did the court decide?
The writ petition was closed as the water stagnation was resolved; no costs.
What the court decided
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :17.11.2021
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P(MD)NO.20389 OF 2021 and W.M.P(MD)No.17041 of 2021
1.K.Appathurai
2.K.Manickam
:Petitioners
.vs.
1.The District Collector, District Collector Office, Pudukkottai and District.
2.The Revenue Divisional Officer, Aranthangi Revenue Division, Pudukkottai District. 3.The Tahsildar, Manamelkudi Taluk, Pudukkottai District.
4.The Commssioner/The Block Development Officer, (Panchayats), Manamelkudi Panchayat Union, Manamelkudi Taluk, Pudukkottai District. 5.The President, Karkamalam Panchayat, Manalur Post, Manamelkudi Taluk, Pudukkottai District.
Issues for consideration
3 issues framed by the court
Whether the prayer for removal of encroachment in a water body stands satisfied given that the water stagnation has been resolved.
Whether due process of law must be followed before removal of the alleged encroachments.
Whether the writ petition warrants issuance of a writ of mandamus in the circumstances.
Parties & counsel
- petitioner
K.Appathurai and K.Manickam
- respondent
The District Collector, Pudukkottai
- respondent
The Revenue Divisional Officer, Aranthangi
- respondent
The Tahsildar, Manamelkudi Taluk
- respondent
The Commissioner/The Block Development Officer, Manamelkudi Panchayat Union
Case details
As recorded by the court registry
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