G.Ramanujam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Ramanujam ..

Petitioner -vs1. The District Collector, Villupuram District, Villupuram.

2. The Tahsildar, Gingee Taluk, Villupuram District.

3. The Block Development Officer, Vallam Union, Gingee Taluk, Villupuram District.

4. The Additional Collector, District Rural Development Agency, Villupuram Taluk and District.

5. The Special Deputy Collector, Public Grievance Redressal Committee, Collectorate, Villupuram Taluk and District.

6. Renuka

7. P.Selvaraj

8. Sarasu

9. S.Mathi 10.S.Manikandan 11.S.Muniammal 12.Valli 13.N.Radhakrishnan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents, particularly the respondents 3 to 5 to take necessary action by reducing the Check Dam and removing the encroachments made by the respondents 6 to 13 in the Government Porambokku land, comprised in 41/2, Karunkuzhi Village, Eachur Post, Gingee Taluk, Villupuram District to avoid stagnation of water in petitioner's house on the basis of the petitioner's representation dated 29.03.2023. For the Petitioner :

Mr.R.Thanjan For the Respondents :

Mrs.R.Anitha, Special Government Pleader for RR 1 to 5.

* * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Thanjan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for

respondent Nos.1 to 5.

2. The prayer is made to take action by reducing the check dam level and for removal of encroachments made by respondent Nos.6 to 13.

3. The learned Special Government Pleader has placed on record the communication received from the Tahsildar. According to the said communication, the height of the body wall is absolutely normal. The height of the body wall of the check dam in question is 1.25 meter. On one side of the channel, six persons have encroached including the petitioner and his son. It is stated that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 is issued to the six encroachers on 29.09.2023 soliciting their reply and further action would be taken accordingly.

4. In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index : Yes/No : Yes/No

sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The District Collector, Villupuram District, Villupuram.

2. The Tahsildar, Gingee Taluk, Villupuram District.

3. The Block Development Officer, Vallam Union, Gingee Taluk, Villupuram District.

4. The Additional Collector, District Rural Development Agency, Villupuram Taluk and District.

5. The Special Deputy Collector, Public Grievance Redressal Committee, Collectorate, Villupuram Taluk and District.

12.10.2023