This petition sought a writ of mandamus to remove encroachment in the Cauvery River-bed. The court examined the 4th and 5th respondents' affidavits and Government communication confirming removal of the encroachment on 11.03.2022.
Petition is closed as the encroachment was already removed. No costs.
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W.P. No. 3285 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2023
CORAM
THE HON'BLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No. 3285 of 2019
&
W.M.P. No. 3556 of 2019
K.S. Moorthy ..Petitioner
Vs.
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3.
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W.P. No. 3285 of 2019
Prayer: Petition under Article 226 of the Constitution of India praying
for issue of a Writ of Mandamus directing the 6th respondent to remove the encroachment in the Cauvery River-bed in Survey No. 294 to the extent of
more than 50 acres of land at Kothamangalam.
For Petitioner :: Mr.Naveen Suresh for M/s.P.Wilson Associates
For Respondents :: Mr.J. Ravindran Addl. Advocate General IX assisted by Mr.A. Selvendran, Special Govt. Pleader for R1 to R9
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W.P. No. 3285 of 2019
O R D E R
(Made by S. Vaidyanathan,J. )
The writ petition is filed for issue of a Writ of Mandamus directing the 6th respondent to remove the encroachment in the Cauvery River-bed in Survey No. 294 to the extent of more than 50 acres of land at Kothamangalam.
has encroached upon more than 50 acres of land in Kothamangalam in the Cauvery River Bed in Survey No. 294 and in spite of earnest steps taken by the petitioner to remove the encroachment, nothing fructified. Hence, the present writ petition.
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W.P. No. 3285 of 2019
survey was conducted and encroachments have been removed. The relevant
paragraph Nos. 7 and 8 are extracted hereunder:
“7) I hereby submit that the allegations made in Para 21 of the affidavit are fulfilled. The Encroachment were completely removed in the said survey No. 294 in Kothamangalam Village of Namakkal District.
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W.P. No. 3285 of 2019
@bfhj;jk';fyk; fpuhkk;. g[y vz;/294. Bkhj;j tp!;/96.53.5. fhtphp MW vd tifghL bfhz;l epyj;jpy;. Rkhh; Ie;J egh;fs; 2/025 bcwf; mst[s;s epyj;jpy; cHtil bra;J Mf;pfukpg;g[ bra;J ,Ue;jdh;/ nkw;go Mf;fpukpg;g[fs; tl;lhl;rpah;. ,sk; bghwpahsh; (eP/t/J). kz;ly Jiz tl;lhl;rpah;. tUtha; Ma;thsh;. kw;Wk; fpuhk eph;thf mYtyh; Mfpnahh; Kd;dpiyapy; 11/03/2022 mfw;wg;gl;lJ vd;gija[k;. gpd;dh; kPjKs;s 2/00/0 ncwf;nlh; epyj;jpy; ,Ue;j cHtil Mf;fpukpg;g[fs; 04/04/2022 md;W mfw;wg;gl;lJ vd;gija[k;. jw;nghJ nkw;go g[yj;jpy; vt;tpj Mf;fpukpg;g[fSk; ,y;iy vd;gij gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/@
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Paramathivellore dated 14.08.2023 and the counter affidavit of the 4th respondent dated 26.07.2022, nothing survives for adjudication in the writ petition and the same is closed.
nv
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To
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S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
nv
W.P. No. 3285 of 2019
19.10.2023
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1 issue framed by the court
Whether to grant a writ of mandamus directing removal of encroachment in the Cauvery River-bed given evidence of removal.
K.S. Moorthy
The Addl. Secretary, Irrigation -Delta – Districts, Public Works Department
The Chief Engineer, Water Resources, Public Works Department
The Superintending Engineer, Water Resources Public Works Department
The Executive Engineer, Water Resources, Public Works Department
The Assistant Executive Engineer, Water Resources, Public Works Department
S. Vaidyanathan
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
