Madras High Court
S.Elumalai vs The District Collector on 24 May, 2023
Author: T.Raja
Bench: T.Raja
WP No.15970 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.05.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MS.JUSTICE R.N.MANJULA
WP No.15970 of 2023
S.Elumalai ... Petitioner
versus
1.The District Collector,
Collector Office Road,
Moovendar Nagar, Villupuram 605 602
Villupuram District.
2.The Revenue Tahsildar,
Office of the Revenue Tahsildar,
Gingee Taluk, Villupuram 604 001
Villupuram District.
3.The Revenue Inspector,
Sathiyamangalam Firka,
Gingee Taluk, Villupuram District.
4.The Block Development Officer, (Village Panchayat)
Office of the Block Development Officer,
Gingee Taluk, Villupuram District.
5.The Zonal Deputy Block Development Officer,
Office of the Block Development Officer,
Gingee Taluk, Villupuram District.
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WP No.15970 of 2023
6.The Sub Inspector of Police,
Nallan Pillai Petral Police Station,
Villupuram District
7.Sivamurthi
8.Kumar
9.Murugadoss ... Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India
praying for a Writ of Mandamus directing respondents 1 to 6 to remove
the encroachments, including the crops cultivated by respondents 7 to
9 and/or by anyone else in the Nilaviyal Odai (supply channel) passing
through S.Nos.41/1A, 41/6A and 50/2 in Kanjur village, Gingee Taluk,
Villupuram District and to ensure that there are no encroachments
whatsoever in the Nilaviyal Odai which supplies water from
Madhapoondi Lake to Neelathangal Lake, that the boundaries of the
said Nilaviyal Odai are maintained as per the original revenue records
and that the said Nilaviyal Odai is properly maintained so as to ensure
that there is free and proper waterflow through the same from
Madhapoondi Lake to Neelathangal Lake.
Appearance:
Mr.Arun Anbumani, for the petitioner
Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 6
ORDER
(Made by the Hon'ble Acting Chief Justice) Seeking a direction upon the official respondents to remove the encroachment made by respondents 7 to 9 in the Nilaviyal Odai (supply channel) passing through S.Nos.41/1A, 41/6A and 50/2 in Kanjur village, Gingee Taluk, Villupuram District, the petitioner has filed this writ petition.
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2. According to the petitioner, Madhapoondi Lake is situated at Madhapoondi Village, Gingee Taluk, Villupuram District and the same caters to the agricultural, irrigation and domestic needs of the nearby villages. The excess water from the said lake reaches Neelathangal lake through a one km long nilaviyal odai (supply channel) situated in the adjoining Kanjur Village. It is the contention of the petitioner that respondents 7 to 9, had encroached upon the same and had even cultivated and harvested crops. As a result of the encroachments, the water from the Madhapoondi Lake is unable to flow through the nilaviyal odai and reach the Neelathangal lake. This has resulted in flooding of villages. The petitioner has made several representations in this regard. Since no action has been taken by the respondents, the present writ petition has been filed.
3. Mr.P.Muthukumar, learned State Government Pleader, fairly submitted that if any encroachment is found, as alleged by the petitioner, the same would be removed within a period of four weeks.
4. Recording the said submission of the learned State Government Pleader, the writ petition is disposed of directing the first Page 3 of 6 https://www.mhc.tn.gov.in/judis WP No.15970 of 2023 respondent to conduct a survey, and if any encroachment is found, issue notice to the encroachers and thereafter remove the same. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs. Consequently, WMP No.15410 of 2023 is closed.
(T.R., ACJ.) (R.N.M., J.)
24.05.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
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1.The District Collector, Collector Office Road, Moovendar Nagar, Villupuram 605 602 Villupuram District.
2.The Revenue Tahsildar, Office of the Revenue Tahsildar, Gingee Taluk, Villupuram 604 001 Villupuram District.
3.The Revenue Inspector, Sathiyamangalam Firka, Gingee Taluk, Villupuram District.
4.The Block Development Officer, (Village Panchayat) Office of the Block Development Officer, Gingee Taluk, Villupuram District.
5.The Zonal Deputy Block Development Officer, Office of the Block Development Officer, Gingee Taluk, Villupuram District.
6.The Sub Inspector of Police, Nallan Pillai Petral Police Station, Villupuram District Page 5 of 6 https://www.mhc.tn.gov.in/judis WP No.15970 of 2023 T.RAJA, ACJ, and R.N.MANJULA, J.
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