Vijayakumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.11558 of 2023 Vijayakumar .. Petitioner Vs
1. The District Collector Collector Office Kallakurichi District.
2. The Sub District Collector Sub-Collector Office Kallakurichi District.
3. The Tahsildar Tahsildar Office Sankarapuram.
4. The Block Development Officer Block Development Office Sankarapuram.
5. Sambath
6. Ravanan
7. Kamaraj
8. Sankar
9. Deivegan .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation dated 20.2.2023 for the removal of encroachment from the lake within a stipulated time. For the Petitioner : Mr.V.Navaneethakrishnan For the Respondents : Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran Special Government Pleader for respondents 1 to 3 : Mr.P.Muthukumar State Government Pleader for 4th respondent
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) Vijayakumar, son of Govindhan, a resident of Sankarapuram, Kallakurichi District, has filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 to 4 to consider his representation dated 20.2.2023 and remove the encroachments from the natural lake situated in Odiyenthal Village, Sankarapuram
Taluk, Kallakurichi District.
2. Mr.V.Navaneethakrishnan, learned counsel for the petitioner, would submit that more than 600 families in the village are dependent on the water from the lake, however, respondents 5 and 6 have built two sheds encroaching the lake. Ventilating his grievance, the petitioner sent a representation to the respondent authorities on 20.2.2023. As the said representation did not evoke any response, the petitioner has been advised to file this writ petition.
3. Mr.J.Ravindran, learned Additional Advocate General, appearing on behalf of respondents 1 to 3, and Mr.P.Muthukumar, learned State Government Pleader, appearing on behalf of fourth respondent, submitted that, if four weeks' time is granted to the respondent authorities, they will conduct a survey of the land in question and thereafter remove the encroachments.
4. Recording the aforesaid submission made by learned counsel
for the respondent authorities, the writ petition is disposed of with a direction to the respondent authorities to conduct a survey of the land in question with the assistance of the jurisdictional Surveyor and, if any encroachment is found, the same shall be removed after notice to the encroachers. The entire exercise is to be completed within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 17.04.2023 Index :
No No sasi To:
1. The District Collector Collector Office Kallakurichi District.
2. The Sub District Collector Sub-Collector Office Kallakurichi District.
3. The Tahsildar Tahsildar Office Sankarapuram.
4. The Block Development Officer Block Development Office Sankarapuram.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 17.04.2023