Madras High CourtWP/10489/2023disposed of

Udhaya v. The Collector

2023-04-05Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.Udhaya 2.Santhanamari ...

Petitioners versus 1.The Collector, Villupuram District 2.The Superintendent of Police 3.The Sub Collector Tinidvanam.

4.The Thasildhar Taluk Office, Tindivanam 5.Manikandan ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider the petitioners' representation dated 26/11/2022 to act upon the same and to restore the Geological Stream, Nilaviyal Odai to its Original form in Survey Nos. 66/5, 67/1225 ares, 204-81 Ares as per Revenue records.

For the Petitioner :

Mr.B.Senthil Kumar For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 4

ORDER

(Made by the Hon'ble Acting Chief Justice) W.M.P.No.10434 of 2023 filed by the petitioners to file a single writ petition is allowed, subject to payment of separate court-fees by the petitioners within a week from today. In default of compliance, the order passed in the writ petition shall be applicable only to the first petitioner.

2. The petitioners have filed this writ petition seeking a writ of mandamus, directing the respondents to consider the petitioners' representation dated 26.11.2022 wherein the petitioners have made a request to restore the Geological Stream, Nilaviyal Odai, to its original form in Survey Nos. 66/5, 67/12-25 ares, 204-81 Ares, as per revenue records.

3. Mr.P.Muthukumar, learned State Government Pleader, appearing for the respondents, placing before us written instructions, submitted that the land

covered in S.No.66/5 has been classified as 'Nilaviyal Vaari' and proper survey would be conducted and encroachments removed. He sought four weeks' time to complete the exercise.

4. Accordingly, the writ petition is disposed of directing the respondents to conduct a proper survey, and if any encroachment is found, notice shall be sent to the encroachers and thereafter, action should be taken as per law. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5. There will be no order as to costs. Consequently, WMP Nos.10436 and 10437 of 2023 are closed.

(T.R., ACJ.) (D.B.C., J.) 05.04.2023 Index : Yes/No : Yes/No tar To 1.The Collector, Villupuram District 2.The Superintendent of Police,

3.The Sub Collector, Tinidvanam.

4.The Thasildhar, Taluk Office, Tindivanam

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 05.04.2023