G.Ravichandran v. The Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.M.P. No.7331 of 2021 in W.P. No.6779 of 2021 G.Ravichandran ... Petitioner vs 1.The Collector, District Collector Office, 2.The Assistant Director, District Rural Development, Thiruvannamalai.
3.The Revenue Commissioner, Revenue Commissioner Office, 4.The Block Development Officer, Block Development Office, Thandrampattu, Page Nos.1/8
5.Thasildar, Thasildar Office, Thandrampattu, 6.Saravanan ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 1st to 5th respondents to clear all the encroachment in Thondriayan Odai situated in Kilsirupakkam Village, Thandrampet, Thiruvannamalai District and consequently restore the Thondriyan stream.
For Petitioner :
Mr.S.Nirmal Aditya For Respondents :
Mr.Vadivelu Deenadayalan, Additional Government Pleader for R1 to R5 Mr.V.Rajesh Babu for R6
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Read this in conjunction with and in continuation of earlier proceedings made in the listings on 16.03.2021, 21.10.2024 and 07.11.2024 which read as follows:
Page Nos.2/8
PROCEEDINGS DATED 16.03.2021:
'W.P.No.6779 of 2021 and W.M.P.No.7331 of 2021 M.SATHYANARAYANAN, J., A.A.NAKKIRAN, J., [Order of the Court was made by M.SATHYANARAYANAN, J., ] The matter in issue pertains to alleged encroachment caused upon the water way in Kilsirupakkam Village, Thandrampet, Thiruvannamalai District, by the private respondent.
2. The learned counsel appearing for the petitioner, on instructions, would submit that the petitioner did not encroach upon any public land / land belongs to the local body or water body and water way and the said submissions on instructions is placed on record.
3. Notice through Court as well as privately to the respondents 4 to 6, returnable on 14.06.2021. Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 5.
Call on 14.06.2021.'
PROCEEDINGS DATED 21.10.2024:
Page Nos.3/8
'W.P.No.6779 of 2021 THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(Order of the court was made by the Hon'ble Chief Justice) Shri V.Rajesh Babu, counsel for respondent No.6, says he has oral instructions that, on 18.10.2024, all such encroachments made by respondent No.6 have been removed.
2. Shri Prabakar is tendering instructions dated 20th October, 2024 received from the Block Development Officer, Thandrampet/respondent No.4, that process for removal of encroachments commenced on 18.10.2024, continued on 19.10.2024 and balance will be completed on 21.10.2024 i.e. today.
3. In view of the instructions dated 20th October, 2024, we direct respondent No.4 to ensure that all encroachments are removed either today or by tomorrow. Respondent No.6 is also directed to fully cooperate with the authorities.
4. Stand over to 24.10.2024 for directions.'
PROCEEDINGS DATED 07.11.2024:
'W.P. No.6779 of 2021 Page Nos.4/8
W.M.P. No.7331 of 2021 M.SUNDAR,J., K.RAJASEKAR, J., (Order of the Court was made by M.SUNDAR, J.) Mr.S.Nirmal Aditya, learned counsel on record for petitioner and Mr.Vadivelu Deenadayalan, learned Additional Government Pleader for R1 to R5 are before us.
2. Learned State counsel submits that proceedings for removal of encroachment have commenced but learned State counsel requests for time to get update on the obtaining situation and file a report.
3. List a fortnight hence. List on 21.11.2024.'
2. The above proceedings are tell-tale qua the trajectory the matter has taken before this Court thus far. Today, Mr.S.Nirmal Adithya, learned counsel on record for writ petitioner, Mr.Vadivelu Deenadayalan, learned Additional Government Pleader for official respondents (R1 to R5) and Mr.V.Rajesh Babu, learned counsel for R6 are before us. To be noted, learned counsel for R6 is on VC (video conferencing) platform and learned counsel for writ petitioner and Page Nos.5/8
learned State counsel for R1 to R5 are before us in physical Court. It is further to be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court.
3. The submission that encroachments have since been removed is not subjected to any disputation or contestation. Recording the stated position, captioned WP is disposed of as closed. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is also disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 04.12.2024 Index : Yes / No mmi To 1.The Collector, District Collector Office, 2.The Assistant Director, Page Nos.6/8
District Rural Development, Thiruvannamalai.
3.The Revenue Commissioner, Revenue Commissioner Office, 4.The Block Development Officer, Block Development Office, Thandrampattu, 5.The Thasildar, Thasildar Office, Thandrampattu, M.SUNDAR, J., K.RAJASEKAR, J., mmi Page Nos.7/8
04.12.2024 Page Nos.8/8