R.Krishnan, v. The District Colector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2017
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.18085 of 2017 R.Krishnan ... Petitioner Vs.
1. The District Collector, Villupuram District, Villupuram.
2. The District Revenue Officer, Villupuram District, Villupuram.
3. The Revenue Divisional Officer, Villupuram District, Villupuram.
4. The Tahsildhar, Tirukoilur Taluk, Villupuram District.
5. P.Rajendran
6. M.Veerasamy
7. M.Ayyasamy
8. Arumugam
9. Periyapayan 10.Devendran 11.Subrayan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 13.06.2015 and take appropriate action by removing the encroachments put up by the respondents 5 to 11 on
the lands comprised in Survey No.363/2 measuring an extent of 0.38.5 ares (0.95 cents) and n Survey No.364/2 measuring an extent of 1.11.0 hect (2 acre 74 cents), in all, measuring an extent 3 acre 69 cents, situated in Senganankollai Village, Thirukovilur Taluk, Villupuram District, which is classified as "Odai" (water body) as per revenue records, within a time limit that may be prescribed by this Hon'ble Court. For Petitioner : Mr.B.Harikrishana For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for respondents 1 to 4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This writ petition is directed against the encroachments measuring 0.38.5 ares(0.95 cents)in Survey No.363/2 and 1.11.0 hectares (2.74 acres) in Survey No.364/2 in Senganankollai Village, Tirukoilur Taluk, Villupuram District, which are classified as "Odai" (water body).
2. According to the petitioner, representations made by him have gone unheeded. The learned Special Government Government appearing on behalf of respondents 1 to 4, however, submits that action has already been initiated and the Tahsildar, Tirukoilur has, by a Memo dated 18.07.2016 (Na.Ka.A1/7767/2016), called for a report from the Zonal Deputy Tahsildar-1, Tirukoilur and the Revenue Inspector, Tirukoilur regarding the encroachments.
3. The Tahsildar, Tirukoilur shall expedite the report and take necessary action in accordance with law at the earliest, preferably within a period of four months from the date of communication of this order, after giving the petitioner as also respondents 5 to 11 and the other interested persons, if any, an opportunity of hearing. The private respondent Nos.5 to 11 shall be given a clear notice of atleast one week and in case, they choose not to appear inspite of clear notice of one week, action may be taken in their absence.
4. The writ petition, accordingly, stands disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
To
1. The District Collector, Villupuram District, Villupuram.
2. The District Revenue Officer, Villupuram District, Villupuram.
3. The Revenue Divisional Officer, Villupuram District, Villupuram.
4. The Tahsildhar, Tirukoilur Taluk, Villupuram District.
+1cc to Mr.B.Harikrishana, Advocate, S.R.No.49861 +1cc to the Government Pleader, S.R.No.49890 W.P.No.18085 of 2017 AR CCC CA(01/08/2017)