1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8766 of 2011 Veluchamy Alias Stephen : Petitioner Vs. 1. The District Collector, Theni District, Theni. 2. The Tahsildar, Andipatti Taluk, Theni District. 3. The Superintendent of Police, Theni District. 4. The Executive Officer, Andipatti Town Panchayat, Andipatti, Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to remove all the encroachments upon the water course namely "West Odai" in Survey No.711A at Andipatti Town pursuant to the order issued by the first respondent herein in his proceedings in O.Mu.No.21712/2011/B5, dated 29.06.2011. For Petitioner : Mr.S.Annamalai For Respondents: Mr.K.Mahendran Special Government Pleader O R D E R ********** [Order of the Court was made BY M.M.SUNDRESH, J.] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. This Writ Petition has been filed as a Public Interest Litigation seeking a direction to the respondents to remove the entire encroachments made in the water course viz., "West Odai" in Survey No.711A at Andipatti Town. 3. It is the case of the petitioner that an action has been taken by the first respondent in and by his proceedings in O.Mu.No.21712/2011/B5, dated 29.06.2011, by which the second respondent was directed to carry https://hcservices.ecourts.gov.in/hcservices/ 2 out the eviction of unauthorized occupants. In spite of such a direction from the first respondent, no action has been taken by the second respondent, and therefore, the present Writ Petition has been filed. 4. The learned Special Government Pleader, who has been directed to take notice on behalf of the respondents, on instructions, submitted that the petitioner himself was one of the encroachers and the encroachment put up by him has been removed by the respondents. 5. Be that as it may, considering the fact that the action has already been contemplated and a direction has also been issued by the first respondent to the second respondent, we deem it proper to direct the second respondent to take action pursuant to the direction issued by the first respondent dated 29.06.2011 and complete the entire exercise within a stipulated time. 6. Accordingly, the Writ Petition stands disposed of with a direction to the second respondent to take action pursuant to the direction issued by the first respondent dated 29.06.2011 and complete the entire exercise, after issuing necessary notices to the encroachers, within a period of two months from the date of receipt of a copy of this order. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1. The District Collector, Theni District, Theni. 2. The Tahsildar, Andipatti Taluk, Theni District. 3. The Superintendent of Police, Theni District. 4. The Executive Officer, Andipatti Town Panchayat, Andipatti, Theni District. + 1 cc to Mr.S.Annamalai, Advocate, SR No.26841 + 1 cc to The Special Government Pleader, SR No.26777 ORDER MADE IN W.P.(MD).No.8766 of 2011 08.08.2011 NB RJ/22.8.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/