Ropson C.Naveen Dass v. The District Collector

ORDER Heard the learned counsel on either side.

¶2The prayer made in the writ petition is for clearing the encroachments found in the petition mentioned water body.

¶3When the matter was taken up for hearing, the learned Special Government Pleader appearing for the official respondents, on instructions, submitted that there were originally seven encroachments and out of them, six have already been removed. Steps are being taken to clear the remaining encroachments also.

¶4We direct the authorities to complete the process of removal of encroachments within a period of eight weeks from the date of receipt of a copy of this order. We further direct that the petition mentioned Kattakulam tank shall be restored to its original position and it shall be maintained free of any kind of encroachment for all times to come.

¶5The Writ Petition is allowed. No costs.

[G.R.S., J.] [B.P., J.]

13.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi G.R.SWAMINATHAN, J and

B.PUGALENDHI, J. rmi To

1.The District Collector, Nagercoil,

2.The Tahsildar, Kalkulam Taluk, Nagercoil,

3.The Superintendent Engineer, Public Works Department, Water Resources Organization, PWD Road, Nagercoil,

4.The Assistant Engineer, Public Works Department, Water Resources Organization, Kothaiyaru Basin, Thukalay, W.P(MD)No.8099 of 2023

13.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.8099 of 2023 Ropson C.Naveen Dass ... Petitioner Vs. 1.The District Collector, Nagercoil, 2.The Tahsildar, Kalkulam Taluk, Nagercoil, 3.The Superintendent Engineer, Public Works Department, Water Resources Organization, PWD Road, Nagercoil, 4.The Assistant Engineer, Public Works Department, Water Resources Organization, Kothaiyaru Basin, Thukalay, 5.Julious 6.Jobidahs 7.Felix Ray 8.Velayutham 9.Romanus Alex ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to evict the encroachers pertaining to Sy.No.220/1 in Neyyoor Village, Kalkulam Taluk "Kattakulam Tank" and restore the water body based on the communication of the fourth respondent issued in Letter No.Ko.47/2874/2022, dated 24.11.2022. For Petitioner :Mr.K.P.Krishnadoss For Respondents :Mr.K.Balasubramani Special Government Pleader for R1 to R4 : Mr.R.Russel Raj for R5 to R7