Madras High CourtWP/25555/2015disposed of

M.Saravanan v. The State Of Tamilknadu

2015-08-18Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

In the High Court of Judicature at Madras Dated: 18.08.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No.25555 of 2015 M. Saravanan .. Petitioner vs.

1. The State of Tamilnadu Rep. by its Secretary Department of Revenue (Land Development) Fort St. George, Chennai-600 009.

2. The State of Tamilnadu Rep. by its Principal Secretary Public Works Department Fort St. George, Chennai-600 009.

3. The State of Tamilnaadu Rep. by its Principal Secretary Department of Environment and Forest Fort St. George, Chennai-600 009.

4. The District Collector Collectorate Vellore District, Vellore-9.

5. The Executive Engineer Water Resources Department Public Works Department PWD Complex-III Floor Gandhi Nagar East Municipal Colony, Vellore-632004.

6. The Sub Collector/Revenue Divisional Officer Tirupattur, Vellore District.

7. The Tahsildar Tirupattur, Vellore District.

8. The Commissioner Tirupattur Municipality, Tirupattur.

.. Respondents --- PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take necessary steps to remove the unlawful encroachments over the Malakasi Eri in S.No.91 to an extent of 12 Hectares or 29.64 acres of Pachel Village of Jolarpet Panchayat Union of Tirupattur Taluk, Vellore District within a stipulated period and thereby restore the already ear marked Lake (Malakasi Eri) as disclosed in the revenue records to its original status as part of Government's rain water harvesting scheme and save natural resources. --- For Petitioner : Mr. P.S. Kothandaraman For Respondents : Mr. S.T.S. Murthi, Govt. Pleader assisted by Mr.V.Shanmughasundar Govt. Advocate for R1,2, & 4 to 8 Mr. M.K.Subramanian Spl. Govt. Pleader (Forests) for R3.

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O R D E R

(Made by The Hon'ble The Chief Justice) The petitioner alleges encroachment over Malakasi Eri in Survey No.91 to an extent of 12 Hectares or 29.64 acres in Pachel Village, Jolarpet Panchayat Union, Tirupattur Taluk, Vellore District. The petitioner appears to have made a representation even earlier along with other residents of the village and the fourth respondent/District Collector vide letter dated 30.01.2012 had called upon the seventh respondent/Tahsildar to take necessary action.

2. Learned Government Pleader states that the fifth respondent is the authority concerned, who deals with the subject matter and thus, we direct the said respondent to carry out an inspection of the site and after notice to all concerned, take a reasoned decision within a maximum period of two months from the date of receipt of this order.

3. The writ petition accordingly stands disposed of. No costs. -s/dAssistant Registrar(CO) dt:18/09/2015 True Copy Sub-Assistant Registrar

Copies to;

1. The Secretary State of Tamilnadu Department of Revenue (Land Development) Fort St. George, Chennai-600 009.

2. The Principal Secretary State of Tamilnadu Public Works Department Fort St. George, Chennai-600 009.

3. The Principal Secretary State of Tamilnaadu Department of Environment and Forest Fort St. George, Chennai-600 009.