Mrs.G.Bharathi, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.17365 of 2016 G.Bharathi .. Petitioner -vs1.The Collector, Kancheepuram District, Kancheepuram.

2.The Revenue Divisional Officer, Chengalpet Division, Kancheepuram District.

3.The Tahsildar, Thiruporur Taluk, Kancheepuram District.

4.The Executive Engineer, Palar Lower Drainage Division, Kancheepuram District.

5.Assistant Executive Engineer, Public Works Department, Thiruporur, Kancheepuram District.

6.P.Munusamy 7.S.Veeraragavan 8.A.Pakkirmathi 9.P.Raji 10.M.Saravanan (1st Ward Member), 3/563, S.S.R.Nagar 1st street, Melakottaiyur, Mambakkam, Chennai-127.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to evict the encroachers in the water channel including the respondents 6 to 10 on the Survey No.128A/20 in Mambakkam village, Thiruporur Taluk within the prescribed time frame fixed by this Court.

For Petitioner :

Mr.S.Thirumavalavan For Respondents :

Mr.M.K.Subramanian Govt. Pleader for R1 to R5 Mr.D.Senthil kumar for R6 to R10 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, it appears that there is some element of personal lis between the petitioner and respondent Nos.6 to 10 and the said respondents are stated to have filed writ petition against the petitioner in W.P.No.7025 of 2013 relating to the alleged misdeeds of the petitioner. Be that as it may, in the present petition, the petitioner alleges against the private respondents that they have encroached on the water channel located in S.No.128A/20 in Mambakkam village, Thiruporur Taluk and despite the District Collector having directed the Tahsildar to carry out an inspection, nothing has happened.

2. On hearing the learned counsel for parties, we direct that an inspection be carried out by the Tahsildar/respondent No.3 within one month of the receipt of copy of this order and based on the report of the Tahsildar, the District Collector/respondent No.1 will pass orders within a period of two months' thereafter, after notice to all concerned.

3. The writ petition, accordingly, stands disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar bbr

To 1.The Collector, Kancheepuram District, Kancheepuram.

2.The Revenue Divisional Officer, Chengalpet Division, Kancheepuram District.

3.The Tahsildar, Thiruporur Taluk, Kancheepuram District.

4.The Executive Engineer, Palar Lower Drainage Division, Kancheepuram District.

5.The Assistant Executive Engineer, Public Works Department, Thiruporur, Kancheepuram District.

+1 cc to Mr.S.Thirumalavan Advocate sr 50690 +1 cc to Mr.D.Senthil Kumar Advocate sr 17365 +1 cc to Government Pleader sr51191 W.P.No.17365 of 2016 aa22/09/2016