1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.11875 of 2011 and M.P.(MD)Nos.2 and 3 of 2011 T.Palanikumar ... Petitioner Vs. 1.Government of Tamil Nadu, rep.by the Secretary, Public Works Department, Fort St.George, Chenni-9. 2.The Chief Engineer, Periyaru-Vaigai Irrigation (Tank), Public Works Department, Madurai. 3.The District Collector, Madurai District, Madurai. 4.The Tahsidlar, North Taluk, Madurai. 5.The Panchayat President, Thiruppalai Panchayat Office, Thiruppalai, Madurai-14. 6.Village Administrative Officer, VAO Office, Thiruppalai Village, Balaji Nagar, Natham Road, Madurai-14. 7.The Junior Engineer, TNEB, Balaji Nagar, Thiruppalai, Madurai-14. 8.A.Prasanna Venkatesh ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 to 7 to consider the representation given by the villagers, dated 02.12.2010 and consequently to direct the respondents 1 to 7 to take immediate action to remove all the encroachments and make open the well and pond to public access. For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.V.Pandi, 1 to 7 Government Advocate. https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R [Order of the Court was made BY K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to the respondents 1 to 7 to consider the representation given by the villagers, dated 02.12.2010 and consequently to direct the respondents 1 to 7 to take immediate action to remove all the encroachments from Survey No.92/1 in Thiruppalai Villge and to keep the open well and pond to public access. 2.Mr.V.Pandi, learned Government Advocate, takes notice for respondents 1 to 7. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing at the time of admission itself. 3.Considering the limited prayer sought for, this Court, without going into the merits of the writ petition as well as the representation said to have been given by the villagers, is constrained to direct the 1st respondent to consider the representation of the Villager's dated 02.12.2010 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, who is representing the villagers and also to the 8th respondent against whom allegations of encroachments have been made as well as to other relevant parties. The above said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this Order. It is made clear that this Court has not expressed any opinion on the merits of the matter and it is for the 1st respondent to consider the same and pass orders on its own merits and in accordance with law, as directed above. 4.With the above direction, the writ petition stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To: 1.The Secretary to Government, Public Works Department, Fort St.George, Chenni-9. 2.The Chief Engineer, Periyaru-Vaigai Irrigation (Tank), Public Works Department, Madurai. 3.The District Collector, Madurai District, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 3 4.The Tahsidlar, North Taluk, Madurai. 5.The Panchayat President, Thiruppalai Panchayat Office, Thiruppalai, Madurai-14. 6.Village Administrative Officer, VAO Office, Thiruppalai Village, Balaji Nagar, Natham Road, Madurai-14. 7.The Junior Engineer, TNEB, Balaji Nagar, Thiruppalai, Madurai-14. +1cc to Mr.V.Pandi, Government Advocate, SR.No.35975 gb GH : 01.11.2011 : 3p/9c ORDER IN WP(MD)No.11875/2011 and MP(MD)No.1 of 2011 Dated:18.10.2011 https://hcservices.ecourts.gov.in/hcservices/