Madras High CourtWP/26777/2023disposed of

J.Raja Ram v. The District Collector

2023-09-14Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU J.Raja Ram ..

Petitioner Vs.

1. The District Collector District Collectorate Chengalpattu District.

2. The Block Development Officer Kattangulathur Panchayat Union Office Chengalpattu District.

3. The President Pulipakkam Panchayat Chengalpattu District.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent herein to consider the petitioner representation dated 17.10.2022 seeking action against the encroachment made by the third respondent herein constructing water well in Survey No.157 at Pulipakkam Village, Chengalpattu Taluk & District, which is earmarked for the purpose of park admeasuring to an extent of 22147 sq ft.

For the Petitioner : Mr.G.Magesh Kumar For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 & R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.G.Magesh Kumar, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 & 2.

2. Learned counsel for the petitioner submits that the subject writ land is an open space, gifted to the Panchayat. In a part of the writ land, the third respondent has constructed a well. The same is not permissible and the same amounts to an encroachment.

3. Construction of a well for public purpose would not be an encroachment. The petitioner may approach the first respondent and if the first respondent arrives at a conclusion that a well cannot be

constructed in an open space, then the first respondent may take further course of action in accordance with law.

4. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 14.09.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector District Collectorate Chengalpattu District.

2. The Block Development Officer Kattangulathur Panchayat Union Office Chengalpattu District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 14.09.2023