Madras High Court
A.Ahamed Haja vs The District Collector on 17 November, 2017
Bench: M.Venugopal, Abdul Quddhose
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.11.2017
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL
AND
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.21252 of 2017
A.Ahamed Haja : Petitioner
.vs.
1.The District Collector,
Tanjore District,
Tanjore.
2.The Revenue Divisional Officer,
O/o.The Revenue Divisional Officer,
Tanjore District.
3.Tasidhar,
Pattukottai Taluk,
Tanjore District.
4.The Executive Engineer,
O/o.The Executive Engineer,
The Public Works Department,
Tanjore,
Tanjore District.
5.The Assistant Executive Engineer,
O/o.the Assistant Executive Engineer,
The Public Works Department,
Kalanai Channel Sub-division,
Pattukottai,
Tanjore District. :
Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying this Court for issuance of a Writ of Mandamus, directing the
Respondent Nos.1 to 5 to desilt and restore the Periya Eri CMP Channel,
Eripurakarai Village, Pattukottai Taluk, Tanjore Distroct to its original
position within the time frame stipulated by this Court.
!For Petitioner :Mr.Fazil for
Mr.T.Lajapathi Roy
For Respondents :Mr.M.Govindan,
Special Government
Pleader
:ORDER
[Order of the Court was made by M.VENUGOPAL, J.] The Petitioner has preferred the instant Writ Petition praying for passing of an order by this Court in directing the Respondent Nos.1 to 5 to desilt and restore the 'Periya Eri CMP Channel', Eripurakarai Village, Pattukottai Taluk, Tanjore District to its original position within the time to be stipulated by this Court.
2.Heard both sides. No counter-affidavit is filed on behalf of the Respondents.
3.By consent, the main Writ Petition itself is taken up for final disposal.
4.According to the Petitioner, he made a Representation on 27.04.2017 to the Respondents 1 to 5 and sought for removal of encroachments and in this regard, the Third Respondent/Tahsildar, Pattukottai Taluk, Thanjavur District, through his proceedings dated 09.05.2017 had stated that encroachments were removed on 29.11.2016 and since desilting was not done, once again constructions are put up by way of encroachments.
5. The Petitioner on earlier occasion filed W.P(MD)No.13412 of 2017, whereby and whereunder a direction was sought for by him for passing of an order by this Court in directing the Respondents 1 to 5 therein to remove the encroachments made by the Sixth Respondent therein in Survey No.73/1 in Periya Eri CMP Channel, Eripurakarai Village, Pattukottai Taluk, Tanjore District and desilt the Periya Eri CMP Channel, Eripurakarai Village, Pattukottai Taluk, Tanjore District, in the light of the proceedings of the Third Respondent dated 09.05.2017, within the time to be fixed by this Court.
6. It is represented on behalf of the Petitioner that during the pendency of W.P(MD)No.13412 of 2017, an encroachment was removed by the Respondents 4 and 5 and thereafter, the said Writ Petition(MD)No.13412 of 2017 was closed. But, the grievance of the Petitioner in the present Writ Petition is that desilting was not done.
7. On behalf of the Respondents 1 to 5, it is represented by the Learned Special Government Pleader that on merits, the Authorities will consider the plea of the Petitioner for desilting the Channel in question, if need be/situation so warrants. Also, it is represented on behalf of the Respondents 1 to 5 that Respondent Nos.4 and 5 would make a spot inspection on the subject property and take a final decision based on the Representation of the Petitioner dated 27.04.2017. Furthermore, it is brought to the notice of this Court that 'Channel Maintenance' is under the purview of Respondent Nos.4 and 5.
8. Considering the fact that the Petitioner's Representation dated 27.04.2017 addressed to the Third Respondent/Tahsildar, Pattukottai Taluk, Tanjore District (With a copy being marked to the Fifth Respondent), was forwarded to the Fifth Respondent on 09.05.2017 by the Tahsildar, Pattukottai Taluk, Tanjore District, this Court deems it fit and proper in directing the Fifth Respondent to look into the Representation of the Petitioner dated 27.04.2017 and if he finds any substance in it, then, he is to proceed further, after providing adequate opportunity to the Petitioner and others concerned, if need be/situation so warrants and to pass final orders, within a period of four weeks from the date of receipt of a copy of this order. It is open to the Petitioner to raise all factual and legal pleas before the Fifth Respondent, who shall advert/meet out the points (both factual and legal points) and dispose of the same, within the time adumbrated by this Court.
9.With the above said observation(s) and direction(s), the Writ Petition stands disposed of. No costs.
To Tanjore District, Tanjore.
2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Tanjore District.
3.Tasidhar, Pattukottai Taluk, Tanjore District.
4.The Executive Engineer, O/o.The Executive Engineer, The Public Works Department, Tanjore, Tanjore District.
5.The Assistant Executive Engineer, O/o.the Assistant Executive Engineer, The Public Works Department, Kalanai Channel Sub-division, Pattukottai, Tanjore District.
.