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Madras High CourtWP/11308/2024disposed of

K.C.Saminathan v. The District Collector

2024-04-26Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.C.Saminathan : Petitioner versus 1.The District Collector, Tiruvannamalai District 2.The District Revenue Officer, Arani 3.The Revenue Divisional Officer, Arani 4.The Tahsildar, Polur 5.The Superintendent of Police, Tiruvannamalai District 6.Lakshmanan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned proceedings in G.O.No.Mo.Mu(Te1)/492468/2023 dated 15.06.2023, passed respondents 1 to 3, quash the same and remove the encroachment. For Petitioner :

Mr.V.Purushothaman

For Respondents 1 to 4 :

Mr.C.Kathiravan, Special Government Pleader For Respondent No.5 :

Mr.R.Muniyapparaj, Additional Public Prosecutor, assisted by Mr.M.Sylvester John, Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Purushothaman, learned counsel for the petitioner; Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 4 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the fifth respondent.

2. The petitioner is challenging the order dated 15.06.2023 (annexed at page 24 of the typed set of papers).

3. We fail to understand as to how the said order is adverse to the interest of the petitioner. A finding is arrived that revenue village number 77/8 is 'government outfall canal' and the site mentioned in government complaint is a canal i.e. water catchment area owned by the government and that there is no way to claim private use in the area.

4. Learned Special Government Pleader submits that the authority concerned would conduct a survey within a period of four months from today and if upon survey, encroachment is found, then, steps in accordance with law to remove the encroachment would be taken.

5. In view of the said statement, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 26.04.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Tiruvannamalai District 2.The District Revenue Officer, Arani 3.The Revenue Divisional Officer, Arani 4.The Tahsildar, Polur 5.The Superintendent of Police, Tiruvannamalai District

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(tar) 26.04.2024