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Madras High CourtWP/8310/2023disposed of

R.Srinivasan v. The District Collector

2023-03-17Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.8310 of 2023 R.Srinivasan ..

Petitioner Vs.

1. The District Collector Office of Collectorate Villupuram Villupuram District.

2. The Sub Collector Jakkampettai Tindivanam.

3. The Block Development Officer Vallam Panchayat Villupuram District.

4. The Tahsildar Gingee Taluk Villupuram District.

5. Mani

6. Vadivel

7. Kasinathan

8. Damodharan

9. Mani ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 and 4 to consider the petitioner's representation dated 31.01.2022 and directing them to remove the water body encroachment made by the respondents 5 to 9 in the water body canal comprised in Survey No.220/1A1A at Neganurputhur Village, Gingee Taluk, Villupuram District.

For the Petitioner : Mr.D.S.Ramesh For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondents 1, 2 & 4 Mr.P.Muthukumar State Government Pleader for Respondent-3

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a direction to the respondents 1 and 4 to consider the petitioner's representation dated

31.01.2022 requesting to remove the encroachment made in the waterbody in Survey No.220/1A1A at Neganurputhur Village, Gingee Taluk, Villupuram District.

2. Learned counsel for the petitioner submitted that in spite of the report of the Revenue Inspector dated 12.07.2022 stating that the respondents 5 to 9 have encroached the lands in S.No.220/1A1A to an extent of 48.31.5 hectares, the official respondents have not removed the encroachment, though notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was issued by the third respondent.

3. Learned State Government Pleader appearing for the third respondent submitted that when the petitioner seeks to remove the encroachment from the land in S.No.220/1A1A, which is stated to be a waterbody, he should have impleaded the Water Resources Department as a party to the writ petition.

4. As the process of removal of encroachment has already been initiated by the third respondent by issuing notice under Section 6 of

the Act on 11.10.2022, we direct the third respondent to complete the process of removal of encroachment, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 17.03.2023 Index : Yes/No : Yes/No kpl To

1. The District Collector Office of Collectorate Villupuram Villupuram District.

2. The Sub Collector Jakkampettai Tindivanam.

3. The Block Development Officer Vallam Panchayat Villupuram District.

4. The Tahsildar Gingee Taluk Villupuram District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 17.03.2023