Mr.R.Venkataraman v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.1151 of 2017 R.Venkataraman ... Petitioner -Vs1. The Commissioner, Land Administration, Fort St. George, Chennai-600 009.

2. The Secretary, Revenue Department, Fort St. George, Chennai-600 009.

3. The Secretary, Public Works Department, Fort St. George, Chennai-600 009.

4. The Secretary, The Tamil Nadu Tourism, Culture and Hindu Religious and Endowments,

5. The Commissioner, The Hindu Religious and Cultural Endowments, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

6. The District Collector,

7. The District Revenue Officer,

8. The Asst. Director - Survey and Land Reocrds,

9. The Revenue Divisional Officer, Kumbakonam, 10.The Thasildar, Thiruvidaimarudhur Taluk, Taluk Office, Thiruvidaimarudhur, Thanjavur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to remove the encroachment on the water bodies in Vannikudi village and water bodies comprised in Survey Nos.207, 208, 210, 211, 212 and 222 of Pandanallur village, formerly Kumbakonam Taluk, now Thiruvidaimarudhur Taluk, Thanjavur District.

For Petitioner :

Mr.R.Ramesh Kumar For Respondent :

Mr.R.Vijaya Kumar Additional Government Pleader for R1 to R3 & R6 to R10 Mr.M.Maharajan Special Government Pleader(HR & CE) for R4 & R5

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The grievance of the petitioner for removal of the encroachments in the water bodies in Vannikudi village appears to have been partly redressed atleast to the extent that as per the learned Additional Government Pleader, proposal for removal of the encroachments and de-silting has been accepted and sanction obtained. It is stated by the learned Additional Government Pleader that notices are in process of being issued

to the encroachers and the exercise will be completed within a period of three months.

2. The aforesaid statement is taken on record and the respondent authorities shall remain bound by the same.

3. At this stage, the learned counsel for the petitioner points out that the aforesaid proposal is applicable to the water bodies in Vannikudi village. But there is also a grievance in respect of the water bodies comprised in s.Nos.207, 208, 210, 211, 212 and 222 of Pandanallur village. The learned Additional Government Pleader submits that even those lands have been surveyed, but they belong to the HR & CE Department and thus, necessary action is proposed to be taken accordingly to hand over the same to the HR & CE Department within a month and the HR & CE Department will commence and complete the action in accordance with law within a period of three months thereafter.

4. The aforesaid statement is also taken on record and the respondent authorities shall remain bound by the same.

5. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr To

1. The Commissioner, Land Administration, Fort St. George, Chennai-600 009.

2. The Secretary, Revenue Department,

3. The Secretary, Public Works Department,

4. The Secretary, The Tamil Nadu Tourism, Culture and Hindu Religious and Endowments,

5. The Commissioner, The Hindu Religious and Cultural Endowments, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

6. The District Collector, Thanjavur District, Thanjavur.

7. The District Revenue Officer, Thanjavur District, Thanjavur.

8. The Assistant Director - Survey and Land Reocrds,

9. The Revenue Divisional Officer, Kumbakonam, Thanjavur District, Thanjavur.

10.The Thasildar, Thiruvidaimarudhur Taluk, Taluk Office, Thiruvidaimarudhur, Thanjavur District.

+1cc to Mr.K.R.Ramesh Kumar, Advocate, S.R.No.3419 +1cc to the Government Pleader, S.R.No.3534 W.P.No.1151 of 2017 UG(CO) CA(27/01/2017)