R.Simion v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition Nos.17592 of 2016 and 20073 of 2016 and WMP.Nos.15084 and 15085 of 2016 R.Simion
...Petitioner in both Writ
Petitions Vs.
1 The District Collector Villupuram District Villupuram.
2 The Thasildar Chinnasalem Taluk, Chinnasalem Villupuram District.
3 The Village Administrative Officer, Kachirapalayam Village Chinnasalem Taluk Villupuram District
...Respondents 1 to 3 in
W.P.No.17592/2016 & W.P.20073/2016 4.Peter 5.Mariapragasam 6.M.Sagayaraj 7.Mohammed Hanifa 8.Lucas ..Respondents 4 to 8 in W.P.20073/2016 Prayer in W.P.No.17592/2016: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the entire records in pursuant two notices issued by the 2nd respondent vide A4/3985/2015 dated 25.06.2015 and A4/3985/2015 dated 10.07.2015 for S.Nos.359/1 & 399/1, Akkarapalayam, Vadakkananthal Post, Chinnasalem Taluk, Villupuram District and quash both orders.
Prayer in W.P.No.20073/2016: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to restore the water canal situated in survey Nos.359/1, 389/1 & 391/1, Akkarapalayam
Village, Chinnasalem Taluk, to its original position by removing the encroachments created by respondents 4 to 8. For Petitioner in both W.Ps.
: Mr.T.P.Prabakaran For Respondents in W.Ps. : Mrs.Sri Jayanthi, Special Government Pleader
O R D E R
(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel appearing for the petitioner and Mrs.A.Srijayanthi, learned Special Government Pleader, appearing for respondents 1 to 3.
2. The prayer in the Writ Petitions is for quashing the two notices issued by the 2nd respondent vide A4/3985/2015 dated 25.06.2015 and A4/3985/2015 dated 10.07.2015 and to issue a direction to the respondents 1 to 3 to restore the water canal situated in survey Nos.359/1, 389/1 & 391/1, Akkarapalayam Village, Chinnasalem Taluk, to its original position by removing the encroachments created by respondents 4 to 8.
3. The learned Special Government Pleader, on instructions submitted that the respondents 2 and 3, who had already received the representation of the petitioner herein, have made all arrangements for conducting survey and are going to conduct a survey of the lands in Survey Nos.359/1, 389/1 & 391/1, Akkarapalayam Village, Chinnasalem Taluk, on 16th July, 2016 at 11.00 am., and future course of action will be taken thereafter.
4. Recording the submission made by the learned Special Government Pleader, the Writ Petitions are disposed of. If the petitioner is still aggrieved by the steps taken by respondents 2 and 3 herein, it is for him to approach the appropriate forum, if he is so advised. No costs. Consequently, connected WMPs are closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar nvsri
To 1 The District Collector Villupuram District Villupuram 2 The Thasildar, Chinnasalem Taluk, Chinnasalem, Villupuram District 3 The Village Administrative Officer, Kachirapalayam Village Chinnasalem Taluk Villupuram District +2 cc to Mr.T.P.Prabakaran Advocate sr.38552 W.P.Nos.17592 of 2016 and 20073 of 2016 aa18/07/2016