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2022 DIGILAW 3184 (MAD)

R. Periyasamy v. District Collector, Erode

2022-09-07

MUNISHWAR NATH BHANDARI, N.MALA

body2022
JUDGMENT : Munishwar Nath Bhandari, J. (Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to remove the encroachment in S.Nos.568,569 and 570 of the Chennasamuthiran Village, Kodumudi Taluk, Erode District and further direct the respondents to maintain the canal without any encroachment and to maintain to free flow of water in the canal to the petitioner land.) The writ petition has been filed to seek a direction on the respondents to remove the encroachment in S.Nos.568, 569 and 570 of the Chennasamuthiram Village, Kodumudi Taluk, Erode District. 2. Learned Additional Advocate-General submits that the land in S.Nos.568, 569 and 570 are patta lands, and thus, the writ petition has been erroneously filed to seek removal of possession from the patta land, which cannot otherwise be said to be encroachment. 3. Learned counsel for the petitioner submits that in fact, reference of the survey numbers was given to seek a direction for maintenance of the canal, as it is disappearing because of the encroachment. The canal lies between S.Nos.560 and 561 and similarly on the boundaries of S.Nos.569 and 570, and even touching S.No.568. Thereby, the purpose of filing of the writ petition was to seek maintenance of the canal after making it free from encroachment. 4. We have considered the submissions and find that in the status report filed by the fourth respondent, a map has been enclosed to indicate the land of petitioner as well as of the canal. It has been shown in blue colour and the canal is between S.Nos.568 and 569, apart from S.Nos.560 and 561. 5. In view of the above, while a direction to remove the encroachments from S.Nos.568 and 569 and 570 would not be given, however, the writ petition deserves to be allowed in reference to the prayer for maintenance of canal after making it free from encroachments. Accordingly, if any encroachment is found in the area of canal, it would be removed as per the provisions of law. The respondents are directed to maintain the canal to the extent it is indicated in the map furnished by them along with status report. 6. The writ petition is allowed. There will be no order as to costs.