V.Sasikala v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2023

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN V.Sasikala ...

Petitioner versus 1.The District Collector, Office of the District Collector, 2.The Tahsildar, Office of the Tahsildar, Arani Taluk, 3.The Block Development Officer, Arani Panchayat Union, Arani Taluk, Thiruvannamalai District 4.The President, S.U. Vanam Village Panchayat, Arani Taluk, Thiruvannamalai District ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus restraining the respondents 1 to 4 from putting up construction in S.No.133 of S.U.Vanam Village, Arani Taluk, Thiruvannamalai District which is a water body i.e Channel and also directing respondents 1 to 4 to remove the illegal construction so

far put up by the 4th respondent in S.No.133 of S.U.Vanam Village Appearances :

Mr.R.Vijayaraghaven, for the petitioner Mrs.R.Anitha, Special Government Pleader, for respondents 1 and 2 Mr.U.Baranidharan, Additional Government Pleader, for respondents 3 and 4

ORDER

(Made by V. LAKSHMINARAYANAN, J.) The petitioner has moved this Court to restrain the fourth respondent from putting up the construction utilizing the services of a private party and encroaching upon a water channel. The petitioner has given a representation on 22.05.2023, in this regard.

2. The District Collector, who is the first respondent, is directed to consider the representation of the petitioner and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. He shall hear the petitioner as well as the fourth respondent before passing orders on the same. Till the disposal of the representation, the fourth respondent is restrained from putting up construction on the land alleged to be a water channel. If the District

Collector comes to a conclusion that the land in question is in fact a water channel, he shall fix responsibility on the person who has encroached upon the water and restore the water channel.

3. The writ petition stands disposed of. There will be no order as to costs. Consequently, WMP No.15667 of 2023 is closed. (B.P., J.) (V.L.N., J.) 25.05.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, 2.The Tahsildar, Arani Taluk, Thiruvannamalai District.

3.The Block Development Officer, Arani Panchayat Union, Arani Taluk, Thiruvannamalai District 4.The President, S.U. Vanam Village Panchayat, Arani Taluk, Thiruvannamalai District

B.PUGALENDHI, J.

and V. LAKSHMINARAYANAN, J.

(tar) 25.05.2023