C.Sudhakar, v. The Commissioner Of Land
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2017 CORAM :
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.No.26576 of 2017 C.Sudhakar ... Petitioner Vs
1. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2. The District Collector, Office of the District Collector, Villupuram.
3. The District Revenue Officer, Office of the District Revenue Officer, Thirukovilur, Villupuram.
4. The Tahsildar, Office of the Tahsildar, Ulundurpettai Taluk, Villupuram District.
5. Philomeena
6. Johnbosco
7. Narasimhan ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance a Writ of Mandamus, to direct the respondents to remove the encroachment made in the Attrupuramboke lands bearing Survey No.71 of Paadur Village, Ulundurpettai Taluk, Villupuram District within a stipulated time.
For Petitioner : Mr.N.Naganathan For RR1 to R4 : Mrs.M.E.Raniselvam, AGP
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal. Mrs.M.E.Rani Selvam, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 4. The petitioner claims to be a permanent resident of Paadur Village, Ulundurpettai Taluk, Villupuram District, and is living with his family for the past several years and according to him, a water stream namely " Sesha Nadhi" passes through the said village and it turns from Thirukovilur to Cuddalore. During the good old days, water used to flow through the said stream and it was used for irrigation and drinking purposes, during recent years, it got dried up and only during rainy season, there is a water flow.
The grievance expressed by the petitioner is that the private respondents had encroached upon the said dried water bed and started putting up huts and in this regard, he has submitted his representation on 20.02.2017 to the respondents, based on which, the 3rd respondent vide communication dated 24.02.2017 Encroachment/rp/g/t.No.05/2017 has directed the 4th respondent, to follow G.O.Ms.No.540 (LD6) Revenue Department dated 04.12.2014 and take appropriate action in a time bound manner and though nearly eight months had lapsed, no action has been taken and further encroachments are taking place and since the monsoon is round the call, the water flow through the stream get blocked and the neighbouring area may also get inundated and hence, prays for appropriate orders. Per-contra, Mrs.M.E.
Raniselvam, learned Additional Government Pleader appearing for the official respondents would submit that the nature of possession on the part of the petitioner is not disclosed either in his representation or in this writ petition and appropriate direction may be issued to the 4th respondent to follow up the matter.
This Court has considered the rival submissions and also perused the materials placed before it.
Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 4th respondent to cause inspection of the land in S.No.71, Paadur Village as well as the land in occupation of the petitioner and if the inspection reveals that there are encroachments, is directed to take expeditious action
by putting the encroachers on notice and thereafter, proceed further in accordance with law and communicate the decision taken, to the petitioner as well as to the other encroachers and also to the respondents 5 to 7. The said exercise is to be completed within a period of twelve weeks from the date of receipt of a copy of this order.
The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cgi To
1. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.
2. The District Collector, Office of the District Collector, Villupuram.
3. The District Revenue Officer, Office of the District Revenue Officer, Thirukovilur, Villupuram.
4. The Tahsildar, Office of the Tahsildar, Ulundurpettai Taluk, Villupuram District.
+1 cc to Government Pleader sr 73700 +1 cc to Mr.N.Naganathan Advocate sr 73015 W.P.No.26576 of 2017 sr(co) aa08/11/2017