E.Rishikesh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.
E.Rishikesh S/o.Elumalai 2.
E.Revanth S/o.Elumalai 3.
E.Selvi W/o.Elumalai 4.
A.Elumalai S/o.Angamuthu
...Petitioners
Vs 1.
The District Collector O/o. of the Collectorate Sathuvachari, Vellore-9.
2.
The Revenue Divisional Officer O/o. of the Collectorate Sathuvacahri, Vellore-9.
Page Nos.1/7
3.
The Thasildhar Velappadi, Vellore Vellore District - 632 001.
4.
The Divisional Engineer Highways Department Katpadi, Vellore District.
5.
The Assistant Divisional Engineer Highways Department Construction and Maintenance Katpadi, Vellore District.
6.
The Block Development Officer Kosapet, Vellore.
7.
S.Sampath 8.
Saravanan 9.
Kathavaryan 10.
Yasodha, W/o.Ekambaram 11.
Bhavani 12.
Punniakodi 13.
Gopi 14.
Shiva, S/o.Parasuraman 15.
Kasi 16.
Mannu 17.
Manohar Page Nos.2/7
18.
Ravi & Singh Communications 19.
A.Sakthivel 20.
Jaya, W/o.Anandan 21.
Venda 22.
Lakshmi, W/o.Loganathan 23.
Selvaraj
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 6 to dispose of the representation dated 03.02.2025 and to take necessary action against the respondents 7 to 23 who had illegally encroached in S.No.15 Abdullapuram to Oosur Highways [Airport airstrip] Road.
For Petitioners :
Ms.D.Malarvizhi For Respondents :
Mr.V.Ravi Special Government Pleader for R1 to R5 Mr.M.Venkateswaran Special Government Pleader, for R6
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, clarity and convenience} is 'land comprised in S.No.15 Page Nos.3/7
Abdullapuram Village, Vellore Taluk, Vellore District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.
2. Prayer in the captioned WP is predicated on a 'representation dated 03.02.2025' {hereinafter 'said representation' for the sake of brevity, convenience and clarity} wherein, writ petitioners have alleged encroachment in said land and sought removal of the same.
3. Inaction on the part of official respondents has necessitated the captioned WP is Ms.D.Malarvizhi, learned writ petitioners' counsel say.
4. Issue notice to official respondents i.e., R1 to R6.
5. Mr.V.Ravi, learned Special Government Pleader, accepts notice for R1 to R5 and Mr.M.Venkateswaran, learned Special Government Pleader, accepts notice for R6 and both learned State Counsel submit in one voice that survey of said land by R3 is in the anvil, survey report will be drawn up and if encroachments are found, suitable action under appropriate Statute will be initiated.
6. Suitable action under appropriate Statute necessarily means that private respondents i.e., R7 to R23 and/or any other alleged encroacher/s will be show-caused.
Page Nos.4/7
7. This Court makes it clear that all rights and contentions of private respondents i.e., R7 to R23 and / or any other alleged encroacher(s)/noticee(s) who is/are show caused, shall stand preserved untrammelled by this order. This further means that this order does not touch upon the rights of private respondents i.e., R7 to R23 and / or any other alleged encroacher(s)/noticee(s).
8. In this view of the matter, there is no impediment in taking up the main WP in the Admission Board with the consent of learned counsel for writ petitioners and learned State Counsel. We do so.
9. Learned State Counsel submits that survey which is in the anvil will be done within four weeks from today i.e., on or before 18.04.2025. Learned State Counsel further submits that survey report will be drawn up and if any encroachment/s is/are found, suitable action under appropriate Statute will be commenced within another four weeks therefrom i.e., on or before 16.05.2025.
10. This Court is of the considered view that it will suffice, if the stated position of learned State Counsel is recorded for giving a closure to the captioned WP.
Page Nos.5/7
Captioned WP disposed of recording the stated position of learned State Counsel (to be noted, it is recorded as an undertaking given by learned State Counsel). There shall be no order as to costs. [M.S.,J.] [K.G.T.,J.] 21.03.2025 Index : Yes / No Speaking order / Non-speaking order mk To 1.
The District Collector O/o. of the Collectorate Sathuvachari, Vellore-9.
2.
The Revenue Divisional Officer O/o. of the Collectorate Sathuvacahri, Vellore-9.
3.
The Thasildhar Velappadi, Vellore Vellore District - 632 001.
4.
The Divisional Engineer Highways Department Katpadi, Vellore District.
5.
The Assistant Divisional Engineer Highways Department Construction and Maintenance Katpadi, Vellore District.
6.
The Block Development Officer Kosapet, Vellore.
Page Nos.6/7
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 21.03.2025 (2/2) Page Nos.7/7