R.Sekar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR R.Sekar ... Petitioner Vs.
1. The District Collector Office of the District Collector Vellore, Vellore District
2. The Revenue Divisional Officer/Sub-Collector Office of the Revenue Divisional Officer Gudiyatham Vellore District
3. The Tahsildar Tahsildar Office, K.V.Kuppam Vellore District
4. The Assistant Engineer Water Resources Department Water Resources Section Gudiyatham, Vellore District
5. Ashokkumar ... Respondents Page Nos.1/14
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 to take necessary steps against 5th respondent for encroaching of the water way and thereby remove the encroachments in respect of the temple called Sri Gangaiamman Temple, Sri Nava Gragah Temple and Rajakaliamman Temple situate at S.No.151 of K.A.Mottur Village, Keezhalathur Post, K.V.Kuppam Taluk, Vellore District on the basis of representation dated 13.01.2025.
For Petitioner :
Mr.P.M.Jayachandran For Respondents :
Mr.T.K.Saravanan, Additional Government Pleader for R1 to R4
ORDER
[Order of the Court was made by M.SUNDAR, J.,] 'S.No.151 of K.A.Mottur Village, Keezhalathur Post, K.V.Kuppam Taluk, Vellore District' [hereinafter 'said land' for the sake of brevity and convenience] is the subject matter of the captioned writ petition. Page Nos.2/14
2. Mr.P.M.Jayachandran, learned counsel for writ petitioner before us alleges encroachment qua said land and seeks removal of the same.
3. Learned counsel submits that repeated representations have not yielded result and that has necessitated the captioned WP.
4. Issue notice to official respondents.
5. Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for officials respondents (R1 to R4) and submits that R5 (private respondent) had earlier come to this Court by way of W.P.No.37120 of 2024 etc., batch and the same came to be disposed of by this Court in and by a common order dated 12.12.2024. On learned State counsel pointing out, we ferreted out the order from the official website and a scanned production of the same is as follow:
Page Nos.3/14
Page Nos.4/14
Page Nos.5/14
Page Nos.6/14
Page Nos.7/14
Page Nos.8/14
Page Nos.9/14
Page Nos.10/14
Page Nos.11/14
The above order speaks for itself.
6. Adverting to the aforementioned judicial order, learned State counsel submits that action has already been kick started under 'Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'Tanks Act' for the sake of convenience, clarity and brevity}and Form-III notice dated 02.03.2020 has been issued.
7. Learned counsel for writ petitioner submits that this douses the anxiety of the writ petitioner. Therefore, we dispense with notice to private respondent (R5) and take up the main WP with the consent of learned counsel for writ petitioner and learned State counsel.
8. The proceedings which have already been kick started vide Tanks Act will continue on its own merits and in accordance with law and in this regard we make it clear that all the rights and contentions of private respondent (R5) and/or any other person concerned in the proceedings will stand preserved and this order will neither serve as a impetus nor impede such proceedings.
Page Nos.12/14
In the light of the narrative thus far, recording the stated position of learned State counsel, captioned WP is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (H.C.,J.) 02.06.2025 Index : Yes / No gpa To
1. The District Collector Office of the District Collector Vellore, Vellore District
2. The Revenue Divisional Officer/Sub-Collector Office of the Revenue Divisional Officer Gudiyatham Vellore District
3. The Tahsildar Tahsildar Office, K.V.Kuppam Vellore District
4. The Assistant Engineer Water Resources Department Water Resources Section Gudiyatham, Vellore District Page Nos.13/14
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa 02.06.2025 Page Nos.14/14