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Madras High CourtWP/8771/2020dismissed

Rajasekar v. The Secretary To Government

2020-07-30Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MRS.JUSTICE R. HEMALATHA W.P.No.8771 of 2020 Rajasekar ... Petitioner Vs.

1. The Secretary to Government Revenue Department, Fort.St.George, Chennai-9. 2.The Special Commissioner, and Commissioner for Land Administration Chepauk, Chennai-5.

3.The District Collector, Thiruvannamalai District, Thiruvannamalai.

4.The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

5.The Thasildar, Vandavasi Taluk, Thiruvannamalai District Thiruvannamalai.

6.Dhanalakshmi, Village Panchayat President Perungkadaputhur village panchayat, Tiruvannamalai District 7.Elangovan, Vedal village Vandavasi Taluk, Thiruvannamalai District, Thiruvannamalai.

8.The Block Development Officer, Thellar, Vandavasi Taluk, Thiruvannamalai District, (R8 Suo-Motu impleaded vide order dated 23.07.2020 made in WP.No.8771 of 2020) ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the third respondent to remove the encroachment made by the 6th and 7th respondents in pond (water body) in S.No.8/2A at Ariyampoondi, Perungkadaputhur Village Panchayath, Thiruvannamalai District pursuant to the representation of the petitioner dated 02.03.2020.

For Petitioner :Mr.K.Thenrajan For Respondents:Mr.G.K.Muthukumar Spl. Govt. Pleader for R1 to R5 & R8 Mr.Elango for R7

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has come forward inter alia alleging that the water body is being encroached and sought to be given patta in favour of the 7th respondent.

2. The learned Special Government Pleader appearing for the respondents 1 to 5 and 8 and the learned counsel appearing for the 7th respondent submitted that there is no encroachment and the land is question is only a "Tharisu land" and not a water body. Now, steps have been taken to issue patta to the poor and needy persons in tune with the Government policy.

3. In view of the above, we do not find any public interest involved in this writ petition. The land in question is not a water body. The petitioner who is a neighbour to the land in question seeks to prevent the patta being granted. Thus, there is no public interest involved in this writ petition. In the result, this writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To

1. The Secretary to Government Revenue Department, Fort.St.George, Chennai-9. 2.The Special Commissioner, and Commissioner for Land Administration Chepauk, Chennai-5.

3.The District Collector, Thiruvannamalai District, Thiruvannamalai.

4.The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

5.The Thasildar, Vandavasi Taluk, Thiruvannamalai District Thiruvannamalai.

6.The Village Panchayat President, Perungkadaputhur village panchayat, Tiruvannamalai District, Thiruvannamalai.

7.The Block Development Officer, Thellar, Vandavasi Taluk, Thiruvannamalai District.

W.P.No.8771 of 2020 ajs[co] srg 09/10/2020