R.V.Vijayan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.25389 of 2015 R.V.Vijayan ..

Petitioner -vs1.The District Collector, Vellore District.

2.The Tahsildar, Arakonam Taluk, Vellore District.

3.The Executive Engineer, Public Works Department, Arakonam Taluk, Vellore District.

4.R.P.Ravindran ..

Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 to remove the encroachment made by the fourth respondent Reddivalam Irrigation Canal, situated in Survey 162, 167 and 168 in Reddivalam Village, Arakonam Taluk, Vellore District.

For Petitioner : Mr.S.Ramesh Kumar For Respondents : Mr.S.T.S.Moorthy Govt. Pleader, assisted by Mr.V.Shanmughasundar, Govt. Advocate for RR 1 to 3

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Mr.S.T.S.Moorthy, learned Government Pleader, accepts notice for respondents 1 to 3.

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2.The petitioner, an agriculturist, has filed this Public Interest Litigation alleging that the fourth respondent, who is the ex Panchayat President, has encroached upon the lake of irrigation canal of about 10 acres and damaged the banks. It is further alleged that he is blocking the common passage of the villagers and a criminal complaint was filed to remove the encroachment, but no action has been taken. A complaint was lodged with the second respondent / Tahsildar on 03.06.2011 in respect of the subject matter, but to no avail and the petitioner and the villagers have been making representations, the last such representation having been made on 26.07.2013.

3.On hearing the learned counsel for the parties, we direct the third respondent (stated to be the concerned person by the learned Government Pleader) to look into the matter and after notice to all concerned, take a reasoned decision within a maximum period of two

(2) months of the receipt of this order.

4.Writ Petition, accordingly, stands disposed of. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sra To 1.The District Collector, Vellore District.

2.The Tahsildar, Arakonam Taluk, Vellore District.

3.The Executive Engineer, Public Works Department, Arakonam Taluk, Vellore District.

+1 cc to M/s.S.Rameshkumar, Advocate, sr.43025 +1 cc to The Government Pleader, sr.43568 +1 cc to The Public Prosecutor, sr.43548 W.P.No.25389 of 2015 gp(co) kra(1/9) https://hcservices.ecourts.gov.in/hcservices/