Thadayam Babu @ Babu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2017

CORAM

THE HONOURABLE MR.JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE N. SESHASAYEE W.P.No.31168 of 2017 Thadayam Babu @ Babu ... Petitioner Vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional Officer, Vridhachalam, Cuddalore District.

3.The Tahsildar, Vridhachalam Taluk, Cuddalore District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to remove the encroachments in water bodies and catchment areas namely, Water channel at Aladi Road and Mulla Lake, Cuddalore Road, Vridhachalam within a time frame. For Petitioner :

Mr.C.Munusamy For RR1 to 3 :

Mr.M.Digvijaya Pandian, Additional Government Pleader

O R D E R

(Order of the Court was made by M. SATHYANARAYANAN, J.) By consent the writ petition is taken up for final disposal. Mr.M.Digvijaya Pandian, learned Additional Government Pleader accepts notice on behalf of the respondent 1 to 3. 2 The petitioner claims to be a journalist and member of Tamil Nadu Union of Journalists registered in 2016 and it is also affiliated to Indian Journalist Union, New Delhi. The petitioner further claims that he is the Editor of "Thadayam" and according to him, there are very many encroachments exist on

the water course in Ward E, Block Nos.35, 36, 37, 38 in Survey No.1 and 110 (Old survey Nos.42, 134, 47, 48, 49) and originally, it was a water stream and by committing acts of encroachments, very many unauthorised constructions came into place. Though, the said fact has been brought to the knowledge of the official respondents, they failed to take any action and therefore, the petitioner is constrained to approach this Court by filing this Writ petition.

3 The learned counsel appearing for the petitioner has invited the attention of this Court to the Memo dated 25.10.2017 sent by the 2nd respondent to the 3rd respondent and would submit that though the 2nd respondent has directed the 3rd respondent to take action on the representation submitted by the petitioner and communicate the decision taken to him, no action has been taken so far and hence, prays for appropriate orders. 4 This Court heard the submissions of Mr.Digvijaya Pandian, learned Additional Government Pleader, appearing for respondents 1 to 3 and perused the materials placed before it. Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances of this case and without going into the merits of the same, directs the 3rd respondent to act on the memo dated 25.10.2017 in O.Mu.

A4/3082/2017 of the 2nd respondent and take appropriate action strictly in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner and to the eucvoachers.

6 The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-CCC) //True Copy// Sub Assistant Registrar rka/abr To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional Officer, Vridhachalam, Cuddalore District.

3.The Tahsildar, Vridhachalam Taluk, Cuddalore District.

+1cc to Mr.C.MUNUSAMY Advocate, S.R.No. 84968 +1cc to the Government Pleader, S.R.No. 85897 W.P.No.31168 of 2017 KAN(CO) TR(21/12/2017)