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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs. Justice J. Nisha Banu, Mrs. Justice S. Srimathy, JJ
S.Bose – Appellant
Versus
District Collector – Respondent
ORDER :
S.SRIMATHY, J.
The present writ petition is filed for Writ of Mandamus, to direct the respondents 1 to 5 to take action on the petitioner's representation, dated 20.11.2017 and to remove the encroachments made by respondents 6 and 7 by laying water pipe in the Vellakulam Tank and public road in Vellakulam Village, Thiruvengadam Taluk, Tirunelveli District.
2. The brief facts are that the petitioner had served as Director in Rural Development Department and retired from service. In Vellakulam Village there are panchayat borewells which are being utilized for public drinking water purpose. But many persons had erected deep borewells in poramboke lands and in their own lands near panchayat borewells, hence the petitioner submitted several representations to respondents 1 to 4 to take action but no action was coming forth. The 6th respondent has an open well in her son's patta land and also having free agriculture service connection. By using the water in the open well and free electricity supply, the 6th and 7th respondents (who are mother and sister of Mr.Perumalsamy and the property stands in his name) made attempts to lay pipes in the government road abutting the Vellakulam Ta
The District Collector lacks authority to permit unauthorized use of water and encroachment on public water bodies, reaffirming the need for compliance with existing legal judgments.
Court directs authorities to consider representation and conduct enquiry on alleged illegal water pipelines without merits adjudication.
Mandamus petition disposed directing authorities to expeditiously complete encroachment removal proceedings under Tamil Nadu Land Encroachment Act within three months.
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