P.Gopalakrishnan v. The Secretary,

O R D E R Heard both sides.

2.

The

petitioner alleges that in

the petition-mentioned water-body, there are encroachment and that they will have to be removed.

¶3No exception can be taken to the said demand. It is stated by the officials that the water-body belong to the local body.

¶4The fifth respondent is directed to conduct survey and identify the encroachments. Once the encroachers are identified, notice shall be issued to the encroachers to vacate. If the encroachers fail to vacate and comply with the demand of the local body, the Block Development Officer shall send appropriate proposals to the Tahsildar, Manapparai. The Tahsildar, Manapparai shall conduct enquiries on the said 4 W.P.(MD)NO.22530 OF 2018 proposals and take action as per the provisions of the Tamil Nadu Land Encroachment Act. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. (G.R.SWAMINATHAN,J.) ( B.PUGALENDHI,J.)

21.11.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 5 W.P.(MD)NO.22530 OF 2018 To:

¶1The Secretary, Secretariat, St. George Fort, Chennai – 9.

¶2The Joint Chief Engineer, O/o.Chief Engineer, Water Resource Department (WRO), PWD Compound, Chepauk, Chennai.

¶3The District Collector, Trichy District, Trichy.

¶4The Executive Engineer, Public Works Department, Water Resource Department(WRO), Near District Court, Cantonment, Trichy.

¶5The Block Development Officer, Vaiyampatti Panchayat, Vaiyampatti, Trichy District.

¶6The Tahsildar, Tahsildar Office, Manapparai Taluk, Trichy District. 6 W.P.(MD)NO.22530 OF 2018 G.R.SWAMINATHAN,J. AND B.PUGALENDHI,J. PMU W.P.(MD)No.22530 of 2018

21.11.2023

1 W.P.(MD)NO.22530 OF 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.22530 of 2018 P.Gopalakrishnan ... Petitioner Vs. 1. The Secretary, Secretariat, St. George Fort, Chennai – 9. 2. The Joint Chief Engineer, O/o.Chief Engineer, Water Resource Department (WRO), PWD Compound, Chepauk, Chennai. 3. The District Collector, Trichy District, Trichy. 4. The Executive Engineer, Public Works Department, Water Resource Department(WRO), Near District Court, Cantonment, Trichy. 5. The Block Development Officer, Vaiyampatti Panchayat, Vaiyampatti, Trichy District. 2 W.P.(MD)NO.22530 OF 2018 6. The Tahsildar, Tahsildar Office, Manapparai Taluk, Trichy District. 7. Veeragounder 8. Durai 9. M.Govindaraj 10. Andivel 11. Rajkumar 12. Chinnu 13. Murugan 14. Vellaiyagounder 15. Pandian 16. Murugan (R-7 to R-16 are impleaded vide order dated 14.11.2018 in W.M.P.(MD)No.20570 of 2018) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 30.10.2018 and remove the encroachments and laying of road in Kulanthai Goundan Kulam in survey No.132 at Anna Nagar, Vaiyampatti, Manapparai Taluk, Trichy and restore the said Kulanthai Goundan Kulam and its water catchment area by de-silting it. 3 W.P.(MD)NO.22530 OF 2018 For Petitioner : Ms.R.Yamuna For R-1 to R-6 : Mr.V.Nirmal Kumar, Government Advocate. For R-7 to R-16 : Ms.P.Kalaiarasi Bharathi * * *