S.Thanigasalam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Thanigasalam .. Petitioner Vs 1.The District Collector, Chengalpet District, Chengalpet.

2.The Revenue Divisional Officer, Chengalpet District, Chengalpet.

3.The Thasildar, Thiruporur, Chengalpet District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to inspect and verify the revenue records and restore the two irrigation water channels to its original position for public use, situated at Survey No.52/20 and 57/11 in Thiruvidanthai Village, Kovalam, Chengalpet District.

For the Petitioner : Mr.M.Balasubramanian For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) S.Thanigasalam, son of Subramani, a resident of Kovalam, Chengalpet District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to inspect and verify the revenue records and restore the two irrigation water channels situated at Survey No.52/20 and 57/11 in Thiruvidanthai Village, Kovalam, Chengalpet District, to its original position for public use.

2. Mr.M.Balasubramanian, learned counsel for the petitioner, would submit that 20 Acres of land in Survey Nos.52/20 and 57/11 of Thiruvidanthai Village, Kovalam, Chengalpet District, is classified as government poramboke land and two water supply irrigation channels run though the said land. It is further submitted that the

said two channels have been illegally closed and a golf course is developed by Ambattur Foundation Private Limited. It is pleaded that if the water channels are blocked, it will lead to flooding of the village during rainy season. In this regard, the petitioner sent representations on 8.9.2022 and 7.11.2022 to the respondent authorities. However, the said representations did not evoke any response. Hence, the petitioner has been advised to file this writ petition.

3. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents, submitted that if four weeks' time is granted to the respondent authorities, they will conduct a survey of the lands in question and thereafter remove the encroachments.

4. Recording the submission made by learned State Government Pleader, the writ petition is disposed of with a direction to the respondent authorities to conduct a survey of the lands in question with the assistance of the jurisdictional Surveyor and, if

any encroachment is found, the same shall be removed after notice to the encroachers. The entire exercise is to be completed within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 27.01.2023 Index :

No No sasi To:

1.The District Collector, Chengalpet District, Chengalpet.

2.The Revenue Divisional Officer, Chengalpet District, Chengalpet.

3.The Thasildar, Thiruporur, Chengalpet District.

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

(sasi) 27.01.2023