P.Veeranan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Veeranan .. Petitioner Vs 1.The District Collector, District Collectorate, Vengikal, Thiruvannamalai-606 604.

2.The Assistant Engineer, Public Works Department, Vanapuram, 3.The Executive Engineer, Public Workds Department, 4.The Thasildar, Taluk Office, Thirukovilur,

5.The Village Administrative Officer, Athiyanthal Village, Thirukovilur Taluk, 6.The Village President, Velayampakkam Village and Post, Tiruvannamalai District-606 811.

7.The Sub-Inspector of Police, Manalurpet Police Station, 8.Palanivel 9.Mohan 10.Murugan 11.Natarajan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 7 to take necessary action on the petitioner's representation dated 27.1.2023 and direct the respondents 1 to 7 to remove the encroachment made in water sub-canal, it is starts from East side 136.8 meter and North side with extent of 61 meter and goes to till Athiyanthal Village Lake along with adjacent poramboke land in Survey No.41/5A2A by the respondents 8 to 11.

For the Petitioner : Mr.K.Gangadaran For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 5

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 to 7 to take action on the petitioner's representation dated 27.1.2023 and remove the encroachment made by respondents 8 to 11 in the water sub-canal, which starts from east side 136.8 metre and north side 61 metre and running till Athiyanthal village lake along with adjacent poramboke land in Survey No.41/5A2A.

2. Learned counsel for the petitioner, drawing our attention to the photographs annexed in the typed-set, submitted that by encroaching the water sub-canal in question, respondents 8 to 11 are trying to convert the same as cultivating field. Respondents 8 to 11 have also made encroachments in S.No.41/5A2A. Therefore, the said encroachments have to be removed, failing which, after some time, the sub-canal will be totally effaced by the encroachments.

3. Without going into the merits of the matter, we deem it appropriate to direct the respondent authorities to consider the representation of the petitioner dated 27.1.2023 and pass orders, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after notice to all concerned.

4. With the above direction, the writ petition is disposed of. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 15.02.2023 Index :

Yes/No Yes/No bbr To:

1.The District Collector, District Collectorate, Vengikal, Thiruvannamalai-606 604.

2.The Assistant Engineer, Public Works Department, Vanapuram,

3.The Executive Engineer, Public Workds Department, 4.The Thasildar, Taluk Office, Thirukovilur, 5.The Village Administrative Officer, Athiyanthal Village, Thirukovilur Taluk, 6.The Village President, Velayampakkam Village and Post, Tiruvannamalai District-606 811.

7.The Sub-Inspector of Police, Manalurpet Police Station,

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

bbr 15.02.2023