V.Durai v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Durai ..

Petitioner Vs.

1. The State Rep. by its Secretary Revenue Department Secretariat, Chennai.

2. The District Collector Collectorate Office

3. The District Revenue Officer Collectorate Office

4. The Revenue Divisional Officer RDO Office, Arni Taluk

5. The Tahsildar Tahsildar Office Polur Taluk, Tiruvannamalai District.

6. The Village Administrative Officer VAO Office, Chettianthal Village Setharamput Post, Polur Taluk ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the the respondents to consider and take necessary action based on petitioners representations dated 18/01/2021 and 16/11/2023 thereby requesting to remove the encroachments done in the water body comprised in Survey Nos. 71, 30/5, 31/5, 32/2, 32/4, 33/4, 33/8, 34/4, 35/4, 40/1, 42/1, 43, 48/1, 49/2, 50/1, 51/1, 52/1, 53/1, 54/1, 55/1, 56 and 57/2, Chettianthal village, Setharamput Post, Polur Taluk, Tiruvannamalai District measuring an extent of 6 acres.

For the Petitioner : Mr.D.Thirumoorthy For the Respondents : Mr.C.Kathiravan Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.D.Thirumoorthy, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for the respondents.

2. Encroachment is alleged on the waterbody. The alleged encroachers are not parties to the present petition.

3. Learned Special Government Pleader submits that encroachers are identified and a letter is already issued by the Tahsildar to the Block Development Officer, Polur. Learned Special Government Pleader further submits that action against the encroachers would be undertaken, in accordance with law, and the steps would be commenced within a period of two months from today.

4. In view of the said statement, the writ petition stands disposed of. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 28.03.2024 Index :

Yes/No :

Yes/No drm

To

1. The Secretary Revenue Department Secretariat, Chennai.

2. The District Collector Collectorate Office

3. The District Revenue Officer Collectorate Office

4. The Revenue Divisional Officer RDO Office, Arni Taluk

5. The Tahsildar Tahsildar Office Polur Taluk, Tiruvannamalai District.

6. The Village Administrative Officer VAO Office, Chettianthal Village Setharamput Post, Polur Taluk

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 28.03.2024