R.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Ramasamy .. Petitioner -vs1. The District Collector, Coimbatore District, Coimbatore 641 018.

2. The Revenue Divisional Officer, Revenue Divisional Office, Coimbatore (North), Kavundampalayam, Coimbatore 641 030.

3. The Thasildar, Annur Taluk,

4. The Block Development Officer, Block Development Office, Annur Union, Annur 641 653, Coimbatore District.

5. The Village Administration Officer,

6. The President,

7. Manikandan

8. Premvathy

9. Bharathi 10.Sakunthala 11.Vijayalakshmi 12.Ravichandran .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to remove the illegal encroachments on the 'Government Wari Poramboke' and 'Water Body' lands in Survey Nos.257 and 255/2 in Annur Mettupalayam Village, Annur Taluk, Coimbatore District, by taking action pursuant to the communication dated 04.06.2022 of the 3rd respondent and further to mark the boundaries and erect boundary stone to prevent future encroachments, within a time frame fixed by this Court.

For the Petitioner :

Mr.A.Arun for Mr.S.Sathia Chandran For the Respondents :

Mrs.R.Anitha Spl.Govt. Pleader for RR 1 to 6 :

Mr.A.V.Raja for R-7 :

Mr.M.Sudhan for R-12 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Arun, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for respondent Nos.1 to 6, Mr.A.V.Raja, learned counsel for respondent No.7 and Mr.M.Sudhan, learned counsel for respondent No.12.

2. The petitioner seeks removal of encroachments on the Government Wari Poramboke and the waterbody lands in the subject writ area.

3. The learned Special Government Pleader submits that a survey would be conducted on 26.12.2023. After completing the survey and depending upon the report of the survey, the further steps would be taken in accordance with law.

4. After the survey report is received, the same may be acted upon expeditiously by the authorities concerned. The process after the survey report shall be commenced preferably within six weeks.

With this observation, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 15.12.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Coimbatore District, Coimbatore 641 018.

2. The Revenue Divisional Officer, Revenue Divisional Office, Coimbatore (North), Kavundampalayam, Coimbatore 641 030.

3. The Thasildar, Annur Taluk,

4. The Block Development Officer, Block Development Office, Annur Union, Annur 641 653, Coimbatore District.

5. The Village Administration Officer,

6. The President,

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 15.12.2023