1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.14779 of 2011 T.Sekar ... Petitioner Vs. 1.The District Collector, Collectorate, Trichy District. 2.The Tahsildar, Manachanallur Taluk, Trichy District. 3.The Panchayat President, Thrivellarari Panchayat, Manachanallur Taluk, Trichy District. 4.R.Prabhakaran ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 3 to remove the illegal encroachment made by Respondent No.4 and other encroachments on the banks of Kusalavarkulam and Senkuttai Ponds and canal in Survey Nos.99, 102, 103, 106, 107, 111, 208, 102, 973, 75,222 and 387 of Thiruvellarai Village, Manachanallur Taluk, Trichy District, within a time limit. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.S.Chandrasekaran, 1&2 Government Advocate. For Respondent-3 : Mr.K.Mahendran, Spl.Govt.Pleader. ORDER [Order of the Court was made K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to the respondents 1 to 3 to remove the illegal encroachments made by Respondent No.4 and other encroachments on the banks of Kusalavarkulam and Senkuttai Ponds and canal in Survey Nos.99, 102, 103, 106, 107, 111, 208, 102, 973, 75,222 and 387 of Thiruvellarai Village, Manachanallur Taluk, Trichy District, within a time limit. 2.Mr.K.Mahehndran, learned Special Government Pleader, takes notice on behalf of respondents 1 and 2 as well as Respondent No.3 also. In view of the order which we propose to pass protecting the interest of the 4th respondent also, we are of the view that no notice need be issued to the 4th respondent at this stage. By mutual consent of the learned counsel for the parties, the writ petition itself is taken up for final hearing, at the time of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Learned counsel for the petitioner would submit that the petitioner is a resident of Kalavaipatti Village in Manachanallur Taluk, Trichy District and he has already made a representation to the respondents on 30.10.2011, alleging encroachments on the banks of water bodies and canals but, so far, no action has been taken on such representation and hence the petitioner was constrained to approach this Court with the present petition, with the aforesaid relief. The learned counsel would further submit that though the petitioner has prayed for a larger relief, he would be satisfied if a direction is given to the respondents 1 to 3 to consider his representation. 4.Heard the learned Special Government Pleader appearing for respondents 1 and 2 as well as Respondent No.3, on the submissions made by the learned counsel for the petitioner. 5.Though the petitioner has come with a larger prayer, considering the submission now made by the learned counsel for the petitioner that the petitioner would be satisfied if a direction is given to respondents 1 to 3 to consider his representation, this Court, without going into the merits of the representation of the petitioner, dated 30.10.2011, and without expressing any view on such representation, is constrained to direct the respondents 1 to 3 to consider the representation of the petitioner, dated 30.10.2011, by affording an opportunity to the petitioner and to the 4th respondent as well as to other relevant parties, by issuing notices, and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (T & P) /True copy/ Sub Assistant Registrar(C.S) To: 1.The District Collector, Collectorate, Trichy District. 2.The Tahsildar, Manachanallur Taluk, Trichy District. 3.The Panchayat President, Thiruvellarari Panchayat, Manachanallur Taluk, Trichy District. +1. CC to Mr.T.Lajpathi Roy, Advocate, SR.No. 45924 +1. CC to the Special Government Pleader, SR.No. 46013 gb Order in W.P.(MD)No.14779/2011 Dated: 23.12.2011 TR : 09.01.2012: 2p/6c https://hcservices.ecourts.gov.in/hcservices/