R.Janarthanan v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.27356 of 2014 R.Janarthanan .. Petitioner -vs1.The Collector, Villupuram District, Villupuram.
2.The Revenue Divisional Officer, Thirukoilur, Villupuram District.
3.The Tahsildar, Ulundurpet, Villupuram District.
4.The Block Development Officer, Thirunavalur Panchayat Union, Thirunavalur, Ulundurpet Taluk, Villupuram District.
5.The President, Semmanangur Panchayat, Ulundurpet Taluk, Villupuram District.
6.Balu 7.Dakshinamurthi 8.Venkatesan 9.Rajasekaran 10.Narayanasamy 11.Ramasami 12.Anjaladevi .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to remove the encroachers, i.e., respondents 6 to 12 or any other encroacher upon New S.Nos.81/5 Hec.2.69.5 and 81/6 Hec. 0.24.0 in Semmanangur Village, Ulundurpet Taluk,
Villupuram District, forthwith.
For Petitioner :
Mr.Alexraj for Mr.R.Gururaj For Respondents :
Mr.T.N.Rajagopalan Spl. Govt. Pleader for R1 to R3 :
Mr.S.Gunasekaran Addl.Govt. Pleader for R4 & R5 :
No appearance for R6 to R12
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges encroachment by respondent Nos.6 to 12 in the pond area classified as "kulam poramboke" in S.No.81/4 measuring an extent of 2.69.5 Hectares and S.No.81/6 measuring an extent of 0.24.0 Hectares in Semmanangur village, Ulundurpet Taluk, Villupuram District.
2. On our query, we are informed that some action was initiated, but on account of the writ petitions (W.P.Nos.1712 to 1715 of 2015) filed by the private respondents, the matter was remitted back to the concerned authorities to give an opportunity to the private respondents. This order is stated to have been passed in April, 2015. It appears that thereafter, nothing has been done.
Now the Block Development Officer/respondent No.4 is the concerned officer.
3. We thus direct the Block Development Officer/respondent No.4 to proceed with the matter in accordance with law against the alleged encroachment on the water body by causing an inspection to be made at the site within fifteen days of the receipt of the copy of this order and take action in accordance with law, after notice to all concerned and conclude the same within a maximum period of three months thereafter.
4. The writ petition, accordingly, stands disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Collector, Villupuram District, Villupuram.
2.The Revenue Divisional Officer, Thirukoilur, Villupuram District.
3.The Tahsildar, Ulundurpet, Villupuram District.
4.The Block Development Officer, Thirunavalur Panchayat Union, Thirunavalur, Ulundurpet Taluk, Villupuram District.
5.The President, Semmanangur Panchayat, Ulundurpet Taluk, Villupuram District.
+1cc to Mr.S. Gunasekaran, Advocate, S.R.No.74548 +1cc to Mr.R. Gururaj, Advocate, S.R.No.74394 +1cc to the Government Pleader, S.R.No.74455 kk(CO) md(27/12/2016) W.P.No.27356 of 2014