G.Elumalai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.Elumalai .. Petitioner Vs 1.The District Collector, Tiruvannamalai District, Tiruvannamalai-606 604.
2.The Thasildar, Kizhpennaththoor Taluk, Kizhpennaththoor, Tiruvannamalai District-604 601.
3.The Block Development Officer, Kizhpennaththoor Taluk, Kizhpennaththoor Tiruvannamalai District-604 601.
4.Kannan 5.Panneer Selvam 6.Srinivasan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to
order for eviction of encroachment in Survey Nos.41/3, 9/15, 10/2 and 35/2 at Nadazhaganandal Village, Kilpennaththoor Taluk, Tiruvannamalai District and further direct the first respondent to take action against the respondents 2 to 3 for having failed to remove the encroachment in Survey Nos.41/3, 9/15, 10/2 and 35/2 at Nadazhaganandal Village, Kilpennaththoor Taluk, Tiruvannamalai District on the basis of the petitioner's representation dated 12.05.2022.
For the Petitioner : Mr.M.Gnanasekar For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran for respondents 1 and 2 : Mr.P.Muthukumar State Government Pleader for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.M.Gnanasekar, learned counsel for the petitioner; Mr.J.Ravindran, learned Additional Advocate General, assisted by
Mr.A.Selvendran, learned Special Government Pleader for respondents 1 and 2; and Mr.P.Muthukumar, learned State Government Pleader for the third respondent.
2.
Learned Additional Advocate General appearing for respondents 1 and 2, on instructions, makes a statement that the writ property is a water body and steps are undertaken to remove the encroachments made thereon. He would submit that notices have been issued to the encroachers on 31st May, 2023.
3. As steps are undertaken by the respondent authorities to remove the encroachment on the water body in question, no further orders, at present, are necessary in the present writ petition.
4. If within the reasonable time further steps are not taken by the respondent authorities to remove the encroachments, the aggrieved person would be at liberty to take appropriate steps in accordance with law.
5. Accordingly, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 01.06.2023 Index :
Yes/No :
Yes/No bbr To:
1.The District Collector, Tiruvannamalai District, Tiruvannamalai-606 604.
2.The Thasildar, Kizhpennaththoor Taluk, Kizhpennaththoor, Tiruvannamalai District-604 601.
3.The Block Development Officer, Kizhpennaththoor Taluk, Kizhpennaththoor Tiruvannamalai District-604 601.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr W.P.No .13066 of 2023 01.06.2023