P.Jagatheesh v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Jagatheesh .. Petitioner Vs
1. The State of Tamil Nadu rep by its Secretary Revenue and Disaster Management Department Fort St. George, Chennai - 600 009.
2. The District Collector Office of the Collectorate Erode - 638 001.
3. The Revenue Divisional Officer Gobichettipalayam Taluk Erode District - 638 452.
4. The Tahsildar Gobichettipalayam Taluk Erode District - 638 452.
5. The Revenue Inspector Kolappalur and Siruvalur Village Erode District - 638 054.
6. The Executive Officer Kolappalur Town Panchayat Ward-15 Gobichettipalayam Erode District - 638 456.
7. Chinnagounder @ Ponnusamy
8. N.N.Palanisamy
9. N.Subramaniyan 10.S.Nandhakumar 11.K.Pachiyappan 12.N.Palanisamy 13.S.Sivakumar 14.K.Chinnasamy 15.N.Palanisamy @ Chinnasamy .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the officials respondents 2 to 5 to consider the representations of the petitioner dated 20.12.2022 and 18.1.2023 and direct the respondents to take action against respondents 7 to 15 for the unauthorised encroachment in S.F.Nos.671, 681, 684, 685 and Natham Pula Nos.779-1 and 779-2, respectively in accordance with the Full Bench judgment of this Court reported in 2015 6 CTC 369 within a stipulated time. For the Petitioner : Mr.P.Nethaji For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 5
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) P.Jagatheesh, son of N.N.Palanisamy, a resident of Kolappalur Post, Gobichettipalayam, Erode District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 2 to 5 to consider the representations of the petitioner dated 20.12.2022 and 18.1.2023 and remove the encroachments put up by respondents 7 to 15 in S.F.Nos.671, 681, 684, 685 and Natham Pula Nos.779-1 and 779-2, respectively, in accordance with the Full Bench judgment of this Court in T.K.Shanmugam v. State of Tamil Nadu, 2015 (6) CTC 369.
2. Mr.P.Nethaji, learned counsel for the petitioners, would submit that respondents 7 to 15 have encroached upon the water catchment of Pallavaari Odai and temple lands comprised in S.F.Nos.671, 681, 684, 685 and Natham Pula Nos.779-1 and 779-2 and are causing nuisance. Ventilating his grievance, the petitioner sent a representation to the Chief Minister's Cell on 30.9.2022. He pleaded that pursuant thereto, the fourth respondent, vide
proceedings dated 1.2.2023, directed the fifth respondent to submit a report in this regard. However, till date no action has been taken to remove the encroachment. Hence, the petitioner has been advised to file this writ petition.
3. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 5, would submit that the lands in S.F.Nos.684 and 685 are classified as "Vaari" in the 'A' Register and in respect to these lands alone, if six weeks' time is granted, the respondent authorities will conduct a survey and thereafter remove the encroachments. He further submitted that the lands comprised in other survey numbers, referred supra, are either Natham lands or temple lands and, therefore, the respondents will take care of the same.
4. Recording the aforesaid submission made by learned State Government Pleader, the writ petition is disposed of with a direction to the respondent authorities to conduct a survey of the lands comprised in S.F.Nos.684 and 685 with the assistance of the
jurisdictional Surveyor and, if any encroachment is found, the same shall be removed after notice to the encroachers. The entire exercise is to be completed within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 28.04.2023 Index :
Yes/No Yes/No sasi
To:
1. The State of Tamil Nadu rep by its Secretary Revenue and Disaster Management Department Fort St. George, Chennai - 600 009.
2. The District Collector Office of the Collectorate Erode - 638 001.
3. The Revenue Divisional Officer Gobichettipalayam Taluk Erode District - 638 452.
4. The Tahsildar Gobichettipalayam Taluk Erode District - 638 452.
5. The Revenue Inspector Kolappalur and Siruvalur Village Erode District - 638 054.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 28.04.2023