K.Selvaraji v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE M.SUNDAR W.P.No.27588 of 2017 K.Selvaraji ..

Petitioner Vs.

1.The District Collector, Office of the Collectorate, Villupuram District.

2.The Revenue Divisional Officer, Kallakurichi Taluk, Villupuram District.

3.The Tahsildar, Chinnasalem Taluk Office, Villupuram District.

..

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to take necessary steps to evict the encroachers and prevent others from encroaching in Aalankuttai lake at Kachirapalayam Village No.185 and in Survey Nos.21 and 446.

For Petitioner : Mr.M.K.Bhoopathy Rajan For Respondents : Mr.R.Vijayakumar, Addl. Govt. Pleader

ORDER

(Order of the Court was made by M.SUNDAR, J.) This is a public interest litigation.

2.The prayer in the writ petition is to mandamus District Collector of Villupuram (who is the first respondent before us) to remove the alleged encroachments in what is known as

Aalankuttai lake, which is situate in Survey Nos.21 and 446 in 185, Kachirapalayam Village, Chinna Salem Taluk, Villupuram District.

3.It is averred in the affidavit that the extent of the aforesaid Aalankuttai lake is about 50 ares.

4.There is also a prayer to mandamus the respondents to prevent further encroachments.

5.Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice for all the three respondents before us. 6.Our attention is drawn to a communication dated 19.09.2017 bearing Reference No.AA1/C.PA.004/2017, wherein the third respondent before us i.e., the jurisdictional Thahsildar being Thahsildar of China Salem, Villupuram District has stated that steps have already been initiated for removing all encroachments in the aforesaid Aalankuttai lake.

7.Referring to the above, Mr.R.Vijayakumar, learned Additional Government Pleader, who has accepted notice on behalf of all the three respondents submits that the exercise of removal of all encroachments from the aforesaid lake which has already commenced will be completed as expeditiously as possible and in any event, within a period of three months from today. 8.We record the above submission.

9.Recording the above submission, the instant writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mmi

To 1.The District Collector, Office of the Collectorate, Villupuram District.

2.The Revenue Divisional Officer, Kallakurichi Taluk, Villupuram District.

3.The Tahsildar, Chinnasalem Taluk Office, Villupuram District.

+1 cc to Govt Pleader sr 76232 +2 ccs to Mr.M.K.Bhoopathy Rajan Advocate sr 76051 W.P.No.27588 of 2017 aa20/11/2017