S.Baskar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.3293 of 2023 S.Baskar ..

Petitioner Vs.

1. The District Collector District Collectorate Tiruvallur District Tiruvallur.

2. The Revenue Divisional Officer Office of Revenue Divisional Officer Ponneri Taluk Tiruvallur District 601 204.

3. The Tahsildar Gummudipoondi Taluk Tiruvallur District 601 201.

4. M/s. Kamachi Industries Limited Rep. by its Authorised Signatory Pathapalayam Village, S.R.Kandigai Post Gummudipoondi Taluk Tiruvallur District.

..

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the third respondent to comply the order passed by the first respondent vide Rc.No.31972/2012/B2 dated 29.10.2021, in strict letter and spirit, based on the written representation of the petitioner dated 25.05.2022 within a time to be stipulated by this Hon'ble Court. For the Petitioner : Mr.V.Ramanareddy For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 3

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a direction to the third respondent to comply with the order passed by the first respondent vide Rc.No.31972/2012/B2 dated 29.10.2021, based on the representation of the petitioner dated 25.05.2022.

2. Learned counsel for the petitioner contended that though the first respondent, by his proceedings dated 29.10.2021, directed the third respondent to remove the encroachments in waterbody made by the fourth respondent, the same is yet to be removed, though a

survey has been conducted and that the representation of the petitioner dated 25.05.2022 to that effect is yet to be considered.

3. Learned State Government Pleader sought six weeks' time to consider the representation of the petitioner dated 25.05.2022 and to take action in accordance with law.

4. In view of the above submission, this writ petition is disposed of, directing the third respondent to conduct survey of the lands in question, though it was done earlier, in the presence of the petitioner and the persons concerned, after issuing notice and if any encroachment is found, the same shall be removed within a period of six 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.) 13.03.2023 Index : Yes/No : Yes/No kpl

To

1. The District Collector District Collectorate Tiruvallur District Tiruvallur.

2. The Revenue Divisional Officer Office of Revenue Divisional Officer Ponneri Taluk Tiruvallur District 601 204.

3. The Tahsildar Gummudipoondi Taluk Tiruvallur District 601 201.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 13.03.2023