P.Raghu, v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.2535 of 2017 P.Raghu ... Petitioner -Vs1. The Executive Engineer, Public Works Department, Marudayur Basin Division,

2. The District Collector, Perambalur District.

3. The Tahsildar, Perambalur District.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department,

5. P.Ramesh

6. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Perambalur.

... Respondents (Respondent No.6 impleaded as per this order) Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the second respondent to remove the encroachment made by the fifth respondent in temple's land and restraining Odai in Survey No.460/7 which is the cardinal waster source for the petitioner cultivating land.

For Petitioner :

Ms.Sripriya for M/s.V.Raghavachari For Respondents :

Mr.T.N.Rajagopalan Special Government Pleader for R1 to R3 Mr.M.Maharaja Special Government Pleader (HR & CE) for R4 & R6

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) As informed by the learned Special Government Pleader appearing for respondent Nos.1 to 3, the Revenue Divisional Officer, Perambalur is impleaded as respondent No.6. Memo of parties be amended accordingly. Mr.M.Maharaja, learned Special Government Pleader (HR & CE) accepts notice for the newly impleaded respondent No.6.

2. On hearing the learned counsel for parties, it is directed that the representation of the petitioner dated 07.9.2016 be disposed of by the Revenue Divisional Officer, Perambalur/respondent No.6, after causing an inspection to be made at site within fifteen days of the receipt of the copy of this order and if the allegation of the petitioner is found to be correct, necessary action in accordance with law be taken and concluded within a maximum period of two months thereafter, after notice to all concerned.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bbr To

1. The Executive Engineer, Public Works Department, Marudayur Basin Division,

2. The District Collector, Perambalur District.

3. The Tahsildar, Perambalur District.

4. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department,

5. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Perambalur.

+1cc to M/s.V.Raghavachari, Advocate, S.R.No.6784 +1cc to the Government Pleader, S.R.No.6832 W.P.No.2535 of 2017 UG(CO) CA(15/02/2017)