1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.10428 of 2011 and M.P.Nos.1 and 2 of 2011 K.Paul : Petitioner Vs. 1.The Government of Tamil Nadu, Rep by its Secretary to Government, Revenue Department, Secretariat, Chennai 600 009. 2.The Chief Engineer, Water Resources Organisation, Public Works Department, Chepauk, Chennai 600 005. 3.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli 9. 4.The Tahsildar, Alangulam Taluk, Tirunelveli District. 5.The President, Alangulam Selection Grade Town Panchayat, Alangulam, Tirunelveli District. 6.The Executive Officer, Alangulam Selection Grade Town Panchayat, Alangulam, Tirunelveli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the order in Na.Ka.No.A3/5947/2008, dated 02.01.2009 passed by the third respondent and quash the same and consequently direct the respondents to remove the encroachments in the Odai Poramboke and restore the Odai in Survey No.764 in Ward No.7 of Alangulam Town Panchayat in Tirunelveli District to its original extent of 3 acre and 75 cents and preserve and protect the Odai and culverts therein from encroachment. For Petitioner : Mr.A.Thirumurthy https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R [Order of the Court was made BY M.M.SUNDRESH, J.] This Writ Petition has been filed challenging the order of the third respondent dated 02.01.2009 and for a direction to the respondents to remove the encroachments made in Odai Poramboke and restore the Odai in Survey No.764 in Ward No.7 of Alangulam Town Panchayat in Tirunelveli District. 2. It is seen that pursuant to the order of a Division Bench of this Court dated 06.03.2008 passed in W.P.(MD).No.2095 of 2008, an order dated 02.01.2009 was passed by the third respondent and a copy of the said order has also been marked to the counsel for the petitioner. A perusal of the said order would show that a wall has been put up on 10.01.2008 by the respondents in the interest of the general public. It is also seen that constructions have been put up by various third parties and service connections have also been given. However, the petitioner has not raised any objection at the relevant point of time. This Writ Petition has been filed after lapse of nearly 2 and half years challenging the order of the third respondent dated 02.01.2009. There is absolutely no explanation offered in the affidavit filed in support of the Writ Petition for approaching this Court belatedly. Moreover, the photographs produced by the learned counsel for the petitioner show that the entire area has been developed and merely because a road is being formed by the respondents, the same would not give any cause of action for filing the Writ Petition. It is to be noted that the alleged encroachers have also not been impleaded as party respondents to the Writ Petition. 3. For the reasons stated above, we do not see any merit in the Writ Petition. Therefore, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary to Government, Revenue Department, Secretariat, Chennai 600 009. 2.The Chief Engineer, Water Resources Department, Public Works Department, Chepauk, Chennai 600 005. 3.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli 9. 4.The Tahsildar, Alangulam Taluk, Tirunelveli District. 5.The President, Alangulam Selection Grade Town Panchayat, Alangulam, Tirunelveli District. 6.The Executive Officer, Alangulam Selection Grade Town Panchayat, Alangulam, Tirunelveli District. ORDER MADE IN W.P.(MD).No.10428 of 2011 14.09.2011 NB NSV/28.9.11/3P/7C https://hcservices.ecourts.gov.in/hcservices/