N. MURUGESAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petition is styled as a Public Interest Litigation by the petitioner, who is the resident of Thoppakaundanoor, Manapparai Taluk, Trichy District and in the affidavit filed in support of the writ petition would aver that there is a water body/tank having spread over the area of 12 acres called 'Poovangulam' comprised in Survey No. 140/2 of the said Village and it is the specific case of the writ petitioner that the said water body has been completely encroached by the third respondent, who happens to be the former President of the Village Panchayat and that apart, he is highly political and financially influenced person and taking advantage of the said position, he has encroached upon the water body. The petitioner would further aver that on account of the said encroachment, the water could not be extracted from the water body and as a consequence, the agriculturists in the said Village are getting affected and it also leads to scarcity of drinking water. The petitioner, in this regard, has submitted a representation dated 23.03.3016, to the High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai and alleging inaction on the part of the official respondents, came forward to file this writ petition.

(2.) The learned counsel appearing for the petitioner would submit that on an earlier occasion, the petitioner has submitted a representation dated 09.06.2015, and the Assistant Director of Town Panchayat, Tiruchirapalli vide communication in Na.Ka.A9/1357/2015, dated 29.07.2015, directed the P.A. to the Collector, Tiruchirapalli, to take appropriate action and inform the decision taken to the petitioner and despite such a communication, no response is forthcoming and therefore, the petitioner is constrained to approach this Court by filing the writ petition.

(3.) Mr. C.M. Marichelliah Prabhu, learned Additional Government Pleader accepts notice on behalf of the respondents 1 and 2 and the learned counsel appearing for the third respondent has invited the attention of this Court to the counter affidavit, would submit that the petitioner and his son were the original owner of the property ad-measuring to an extent of 11.21 acres comprised in Survey No. 140/2 in V. Periapatti Village, Manaparai Taluk, Trichy District and they jointly executed a registered sale deed bearing Document No. 1606/1986, dated 04.06.1986, on the file of the Sub Registrar, Manapparai and ever since he is in possession and enjoyment of the same and the said fact has been totally suppressed in the affidavit filed in support of the writ petition.