EXCERPT
A Petition was filed under Article 226 of the Constitution for issuing a writ of mandamus to direct the Respondents to evict the encroachments.
FACTS OF THE CASE
A Writ Petition was filed to seek grievances for the encroachment of water bodies made by the Obstructer in Survey No. 647, 1420/1, 601, 602 in Tiruvallur District, in terms of the Notice dated 10.04.2018, issued by Division Officer, the State of Tamil Nadu (Water Resource), and based on the Hon’ble High Court of Madras order passed on dated 30.10.2015 and 02.03.2016 within the time frame of four weeks.
ARGUMENTS
It was contended that more than 500 families were residing and the water bodies belong to the Public Works Department. It was stated that these water bodies were the only source to drain water from areas inhabited by the 500 families. It was stated by about 20 families that the flow of water had been impeded.
A representation was carried out to the official respondents on or about 21.11.2017. The eviction notice was issued to the encroachers on 10.04.2018. However, no action was taken following the law to evict such Encroachers.
The Respondents contended that if a representation was submitted to the Secretary, Public Works Department and Section Officer, Irrigation Section, Public Works Department such representation would be considered and disposed of. It was also submitted that the action of the encroachers would be taken following the applicable law to evict them.
COURT’S OBSERVATION
The court observed that the writ petitioner was permitted to submit a fresh representation to the Secretary, Public Works Department, and Section Officer, Irrigation Section, Public Works Department. The representation shall be submitted within two weeks from the date of receipt of a copy of the order.
The Section Officer, Irrigation Section, Public Works Department was directed to consider the representation and dispose of the same by a reasoned order within eight weeks from the date of receipt after providing a reasonable opportunity to all affected parties including the alleged encroachers.
The official respondents were directed to continue with the eviction proceedings that had been initiated under applicable law and conclude the same in accordance within four months from the date of receipt of a copy of the order.
COURT’S DECISION
The court had directed the Petitioner to submit a representation and the petition was thus disposed of.
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