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Madras High CourtWP/4718/2024disposed of

L.Damodharan v. The District Collector

2024-02-27Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ L.DAMODHARAN .. Petitioner Vs

1. THE DISTRICT COLLECTOR VELLORE DISTRICT, SATHUVACHARI, VELLORE-632 009.

2. THE TASILDHAR VELLORE TALUK, VELLORE DISTRICT.

3. BABU MANTHIRI

4. RAJESH .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondent 1 and 2 to take action against respondents 3 and 4 to remove the water body encroachment made by them in Kaanattu Kalvai at Survey No.594, 596, 604, 610, 613, and 615 Sathuvachari Village, Vellore Taluk, Vellore District on the basis of my representation dated 14.08.2023 made to the 1st respondent.

For the Petitioner : Mr.P.Gunaraj For the Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1 and 2

ORDER

(Order of the court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing respondent 1 and 2 to take action against respondents 3 and 4 and remove the encroachment made by them in Kaanattu Kalvai at Survey No.594, 596, 604, 610, 613, and 615 Sathuvachari Village, Vellore Taluk, Vellore District, on the basis of his representation dated 14.08.2023 made to the first respondent.

2. Mr.T.K.Saravanan, learned Government Advocate appearing on behalf of respondents 1 and 2, submits that the representation of the petitioner would be considered and, if required, a survey would be conducted and if it is found that there are encroachments, then action would be taken against the encroachers in accordance with law.

3. In the light of the said submission, the writ petition is disposed of with a direction to the respondent authorities to consider the representation of the petitioner dated 14.8.2023 and pass appropriate orders after affording an opportunity to the petitioner as well as the contesting respondents (respondents 3 and 4). If necessary, the respondent authorities shall conduct a survey of the lands in question and thereafter take appropriate action, in accordance with law. The entire exercise shall be completed by the respondent authorities within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (R.M.D., J.) (M.S.Q., J.) 27.02.2024 Index :

No No sasi To

1. THE DISTRICT COLLECTOR VELLORE DISTRICT, SATHUVACHARI, VELLORE-632 009.

2. THE TASILDHAR VELLORE TALUK, VELLORE DISTRICT.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

(sasi) 27.02.2024