1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.4828 of 2011 and M.P.(MD) Nos.1 and 2 of 2011 Irulayee Ammal ... Petitioner Vs. 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Block Development Officer, Narikudi Panchayat Union, Narikudi,Tiruchuzhi Taluk, Virudhunagar District. 3.The Panchayat President, Alagapuri Village Panchayat, Narikudi Panchayat Union, Tiruchuzhi Taluk, Virudhunagar District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to de- silt the Manakulam Kanmai (tank) by removing the unauthorised construction and to ensure the safety of the bank and storage and free flow of water of Kanmai for irrigation to the M.Pudukulam village agricultural lands by considering the petitioner's representation dated 01.03.2011 within a period stipulated by this Honourable Court. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.G.Karthikeyan Nos.1 & 2 Additional Government Pleader For 3rd Respondent: Mr.K.Mahendran, Special Government Pleader ORDER (Order of the Court was delivered by M.M.SUNDRESH,J.) This Writ Petition has been filed by the petitioner as a public interest litigation seeking a direction, directing the respondents to de-silt the Manakulam Kanmai after removing the unauthorised construction and to ensure the safety of the bank and storage and free flow of water. 2. The petitioner gave a representation to the first respondent on 01.03.2011 stating that an attempt is being made to put up construction by various third parties over the water body. It has been further stated that in view of the encroachments, water is not https://hcservices.ecourts.gov.in/hcservices/ 2 getting stored in the water body and as a result, the agricultural operation in the village is very much affected. Since no action has been taken by the respondent No.1, the petitioner gave a legal notice dated 11.03.2011. Even after the receipt of the said legal notice, as no action has been taken by the respondents, the petitioner has come forward with the present Writ Petition. 3. The learned counsel for the petitioner submitted that the Honourable Division Bench of this Court in Writ Petition No.20186 of 2000, dated 27.06.2005, has issued exhaustive directions to all the District Collectors to ensure that proper action is to be taken to remove the unauthorised construction in the water bodies and restore them. In spite of the direction by this Honourable Court, no proper steps have been taken by the respondent No.1. The learned counsel for the petitioner also produced the photographs of the alleged encroachments made in the water body. 4. Considering the said submissions made by the learned counsel for the petitioner and without going into the merits of the case, coupled with the fact that respondent No.1 has not disposed of the representation made by the petitioner as early as on 01.03.2011, a direction is issued to the first respondent herein to dispose of the same within a period of 8 weeks from the date of receipt of a copy of this order and to take appropriate action in accordance with law. If there are encroachers as alleged by the petitioner, then action will have to be taken against such encroachers only in the manner known to law. 4. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected M.Ps. are closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Block Development Officer, Narikudi Panchayat Union, Narikudi, Tiruchuzhi Taluk, Virudhunagar District. 3.The Panchayat President, Alagapuri Village Panchayat, Narikudi Panchayat Union, Tiruchuzhi Taluk, Virudhunagar District. +1cc to Mr.A. Haja Mohideen Advocate, Sr.No.23173 +one cc to Special Government Pleader, Sr.No. 23347 W.P(MD)No.4828 of 2011 and M.P.(MD) Nos.1 and 2 of 2011 15.07.2011 SJ/SMA/25.7.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/