1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.11.2011 CORAM THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL WP(MD)No.12175 of 2011 M.Murugesan :Petitioner -Vs- The Assistant Executive Engineer, Public Works Department, Eastern Vaigai Basin Sub Division, Paramakkudi. :Respondent Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondent to remove the encroachments made in S.No.28, Madhavan Nagar as per his communication dated 14.12.2009 and also as per the provision of Tamil Nadu Protection of Tank Encroachment Act, within a time to be fixed by this Court. For Petitioner:Mr.R.Surianarayanan For Respondent:Mr.V.Pandi, Government Advocate ORDER (Order of the Court was made by K.N.BASHA, J.) The petitioner has come forward with the present writ petition seeking for the relief of directing the respondent to remove the encroachments made in S.No.28, Madhavan Nagar as per the communication of the respondent dated 14.12.2009 and also as per the provisions of the Tamil Nadu Protection of Tank Encroachment Act, within a time frame. 2.The case of the petitioner is that he is the owner of the building bearing Door No.8/59-M, Govindhan Nagar, 4th Street, Paramakudi, Ramanathapuram District. There is a vaigai canal branch, viz. Vendhoni Kalvai, running in S.No.28 of Vendhoni Village and the respondent is the authority having control and maintenance over the said canal. There are so many encroachments made in the said canal by which the said water body has been completely blocked. Further, because of the said encroachments made, ground water level has also been lowered and hence there is scarcity of water. 3.Accordingly, the petitioner preferred a petition to the respondent on 21.11.2009 under the Right to Information Act for knowing the existence of canal and the encroachments thereon. For that, the respondent issued a reply dated 14.12.2009. The said reply shows that there are several encroachments in the said survey number, and that steps are taken to remove the said encroachments made by the encroachers. As no further action taken by the respondent, the petitioner has preferred a representation dated 25.02.2010 to the respondent, but till date no action taken and as such, the petitioner has been constrained to file the present writ petition with the above said prayer. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Learned counsel for the petitioner would contend that even as per the communication viz. the reply sent by the respondent dated 14.12.2009, the allegations of encroachment were accepted and it is stated in the said reply that steps are taken for removing those encroachments. It is pointed out by the learned counsel for the petitioner that in spite of such reply, no action taken against the encroachers and as such, the petitioner preferred a representation dated 25.02.2010. Since no action has been taken on his representation, the petitioner has been constrained to approach this Court by way of filing the present writ petition. 5.Heard Mr.V.Pandi, learned Government Advocate on the submissions made by the learned counsel for the petitioner. 6.The fact remains that the petitioner is aggrieved in respect of the alleged encroachments made in the vaigai canal branch, viz. Vendhoni Kalvai and his petition under the Right to Information Act, resulted in a reply given by the respondent dated 14.12.2009 which makes it abundantly clear that it is admitted by the respondent that there are encroachments and it is stated that steps have been taken to remove those encroachers. 7.It is pertinent to note that after the reply given by the respondent dated 14.12.2009, as no action was taken, the petitioner has preferred a representation dated 25.02.2010 to take immediate action on the basis of the communication sent by the respondent dated 14.12.2009. Till date no action was taken. Therefore, without going into the merits of the representation of the petitioner dated 25.02.2010, we are constrained to direct the respondent herein to consider the representation of the petitioner dated 25.02.2010, by affording opportunity to the petitioner and to all the other alleged encroachers and pass orders on merits and in accordance with law by taking effective steps in this matter. It is made clear that the said exercise shall be completed within a period of twelve weeks from the date of receipt of the order copy of this Court. 6.With the above direction, the writ petition is disposed of. No costs Sd/- Deputy Registrar (Writs) / TRUE COPY / Assistant Registrar To: The Assistant Executive Engineer, Public Works Department, Eastern Vaigai Basin Sub Division, Paramakkudi. KM RP/16.11.2011/2P/2C. W.P.(MD)No.12175 of 2011 03.11.2011 https://hcservices.ecourts.gov.in/hcservices/