Jayakumar v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Jayakumar ..

Petitioner Vs.

1. The District Collector O/o. District Collector, Chengalpattu District.

2. The Revenue Divisional Officer O/o. Revenue Divisional Officer Chengalpattu Rang, Chengalpattu.

3. The Tahsildar O/o.Thiruporur Tahsildar Office Chengalpattu District.

4. The Block Development Officer Thiruporur Union Office Thiruporur Taluk, Chengalpattu District.

5. Shankar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 4 to remove the encroachment in S.No.1351 Maddu Oodai at Thaiyur Village, Thiruporur Taluk, Chengalpattu District in pursuant to petitioner representation dated 03.10.2023.

For the Petitioner :

Mr.P.Muthamizhselvakumar For the Respondents :

Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.K.Karthik Jegannath Government Advocate for R1 to R3 Mr.P.Harish Government Advocate for R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Muthamizhselvakumar, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.K.Karthik Jegannath, learned Government Advocate for respondent Nos.1 to 3 and Mr.P.Harish, learned Government Advocate for respondent No.4.

2. Learned counsel for the petitioner submits that encroachment is made on a water channel situated at S.No.1351.

3. The land in S.No.1351 is sub-divided into many subdivisions. The land in S.No.1351/58 is a grama natham land, which

means that the land is meant for residential purposes. Only the land in S.No.1351/57 is a water channel. The details with regard to the other sub-divisions are also not placed on record. In absence thereof, no orders can be passed in the present writ petition.

4. The petitioner may approach the appropriate Committee constituted under the Government Order bearing G.O.Ms.No.64 dated 08.02.2022. If such an application is made, the concerned Committee shall consider the same on its own merits and in accordance with law.

5. The writ petition, as such, stands disposed of. There shall be no orders as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 16.04.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector O/o. District Collector, Chengalpattu District.

2. The Revenue Divisional Officer O/o. Revenue Divisional Officer Chengalpattu Rang, Chengalpattu.

3. The Tahsildar O/o.Thiruporur Tahsildar Office Chengalpattu District.

4. The Block Development Officer Thiruporur Union Office Thiruporur Taluk, Chengalpattu District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 16.04.2024