K.Jayapriya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Jayapriya ...
Petitioner -vs1.The District Collector Salem District, Salem.
2.The Chief Engineer Public Works Department Cauvery Upper Basin Circle Trichy District.
3.The Assistant Engineer Public Works Department Irrigation Division, Pethanaikenpalayam 4.The Revenue Divisional Officer Attur, Salem District.
5.The Tahsildar Pethanaickenpalayam Salem, Salem District.
6.The Commissioner Town Panchayat, Pethanaickenpalayam 7.Muthu 8.Venkatesan 9.Murugan ...
Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to remove the illegal encroachment made by the respondents 7 to 9 in the water body land admeasuring 0.56.0 hectares comprised in S.No.175 and land admeasuring 0.09.5 hectares comprised in S.No.200/1B, Pethanaickenpalayam Village and Taluk, Salem District. For the Petitioner :
Mr.M.Manohar For the Respondents :
Mr.A.Edwin Prabakar, State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate - for R1-R5 Mr.M.Alagu Gowthaman Government Advocate - for R6 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.M.Manohar, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for the respondents 1 to 5 and Mr.M.Alagu Gowthaman learned Government Advocate for the sixth respondent.
2. The averment in the writ petition is that the respondents 7 to 9 have made an encroachment on the water body.
3. Learned State Government Pleader submits that Form-I is issued on 13.09.2023 by the Tahsildar to the Block Development Officer and further steps will be taken to remove the encroachment in accordance with law expeditiously.
4. In light of the above, the process to remove the encroachment in accordance with law and observing the principles of natural justice shall commence within three months from today. With the above observation, the writ petition is disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (J.S.N.P., J.) 10.04.2024 Index : Yes/No : Yes/No kst
To 1.The District Collector Salem District, Salem.
2.The Chief Engineer Public Works Department Cauvery Upper Basin Circle Trichy District.
3.The Assistant Engineer Public Works Department Irrigation Division, Pethanaikenpalayam 4.The Revenue Divisional Officer Attur, Salem District.
5.The Tahsildar Pethanaickenpalayam Salem, Salem District.
6.The Commissioner Town Panchayat, Pethanaickenpalayam
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
(kst) 10.04.2024