Nicholas v. The Distrit Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Nicholas ..

Petitioner Vs.

1. The District Collector Collectorate Villupuram Villupuram District.

2. The Sub Collector Sub Collector's Office Tindivanam Villupuram District.

3. The Block Development Officer Gingee Union Gingee, Villupuram District.

4. The Tahsildar Gingee Taluk, Villupuram District.

5. The Village Administrative Officer Sathiyamangalam Village Gingee Taluk, Villupuram District.

6. The Chief Engineer Public Works Department Chepauk Chennai 600 005.

7. The Superintending Engineer Public Works Department Water Resource Department Campus of Planning Villupuram.

8. Junior Engineer Public Works Department Taluk Office Campus Gingee Villupuram District.

9. The Assistant Engineer Public Works Department Gingee Villupuram District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to survey the lands and to prepare report and plan to know about the extent of encroachment by encroachers in Big Lake, situated in Survey Numbers 434, 435 and Small Lake situated in S.Numbers 430, 435, 433/1A, 433/2A, 433/3A, 433/5A in Sathiyamangalam Village Account, Gingee Taluk, Villupuram District and further direct the respondent to take appropriate steps as per Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 to removal of

encroachment, based upon the petitioner's representation dated 13.08.2019.

For the Petitioner : Mr.A.Gouthaman For the Respondents : Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Gouthaman, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. Learned counsel for the petitioner submits that there are encroachments on the waterbodies, i.e. Big lake situated in S.Nos.434 and 435 and small lake in S.Nos. 430, 435, 433/1A, 433/2A, 433/3A and 433/5A in Sathyamangalam Village, Gingee Taluk. The survey is not yet conducted and no steps are undertaken.

3. Learned Special Government Pleader submits that the entire

encroachment has been removed from S.No.430/1. In some of the matters, the encroachers have already filed writ petitions bearing Nos.24389 of 2022, 24519 of 2022, 24521 of 2022 and 24526 of 2022. In some of the writ petitions, interim orders are in force.

4. Of course, if the interim orders are in force, the respondent authorities cannot take action. However, they may defend the writ petitions and subject to the decision in the said writ petitions, further steps be undertaken immediately.

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

(S.V.G., CJ.) (P.D.A., J.) 07.08.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Collectorate

Villupuram Villupuram District.

2. The Sub Collector Sub Collector's Office Tindivanam Villupuram District.

3. The Block Development Officer Gingee Union Gingee, Villupuram District.

4. The Tahsildar Gingee Taluk Villupuram District.

5. The Village Administrative Officer Sathiyamangalam Village Gingee Taluk Villupuram District.

6. The Chief Engineer Public Works Department Chepauk, Chennai 600 005.

7. The Superintending Engineer Public Works Department Water Resource Department Campus of Planning Villupuram.

8. Junior Engineer Public Works Department Taluk Office Campus Gingee, Villupuram District.

9. The Assistant Engineer Public Works Department

Gingee, Villupuram District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 07.08.2023