Madras High CourtWP/6652/2024disposed of

K.G.Manikandan v. The District Collector

2024-03-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.G.Manikandan ..

Petitioner Vs.

1. The District Collector Collectorate, Salem Salem District - 636 001.

2. The District Revenue Officer Collectorate, Salem Salem District - 636 001.

3. The Revenue Divisional Officer Revenue Divisional Office Attur, Salem District - 636 117.

4. The Tahsildar Salem District - 636 109.

5. The Inspector of Police Ethappur Police Station Salem District - 636 117.

6. The Executive Engineer Public Works Department Water Resources Organisation Hasthampatti, Salem - 636 007.

7. The Assistant Executive Engineer Public Works Department Water Resources Organisation Attur, Salem District - 636 102.

8. The Assistant Engineer Public Works Department Water Resources Organisation Salem District - 636 114.

9. P.Velmurugan

10. V.Ramachandran

11. B.Prabakaran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing 4th, 6th, 7th and 8th respondents to remove the illegal encroachments made by the 9th to 11th respondents on river bank and river, classified in revenue records, as river, comprising in S.No.483, situated at Edayapatty village, Pethanackenpalayam Taluk, Salem District and S.No.111, Panaimadal Village, Pethanackenpalayam Taluk, Salem District within registration district of Salem, Sub-Registration District of Pethanackenpalayam. For the Petitioner : Mr.J.Agni Selvaraju For the Respondents : Mr.K.Karthik Jegannath Government Advocate for R1 to R8

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.J.Agni Selvaraju, learned counsel for the petitioner and Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 to 8.

2. Learned Government Advocate submits that on 14.08.2023, the encroachments have been removed.

3. According to learned counsel for the petitioner, the encroachments were partly removed and the entire encroachment is not removed. There are encroachments still existing on the river bank.

4. Learned Government Advocate submits that fresh survey would be conducted within a period of two months from today. If in the report of the survey, encroachment is found, steps would be taken to remove the encroachment immediately in accordance with law.

5. In view of the said statement, the writ petition stands disposed of. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 15.03.2024 Index :

Yes/No :

Yes/No drm To