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Madras High CourtWP/16528/2023disposed of

K.Govindasamy v. The District Collector

2023-06-05Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Govindasamy ..

Petitioner Vs.

1. The District Collector Tiruvallur District Tiruvallur 602 001.

2. The Sub Collector Ponneri Revenue Divisional Office Ponneri 601 204 Tiruvallur District.

3. The Tashildar Ponneri Taluk Office Ponneri 601 204, Tiruvallur District.

4. The Block Development Officer/ Panchayat Commissioner Minjur Panchayat Union Minjur 601 203 Ponneri Taluk, Tiruvallur District.

5. T.S.Muthu ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 1 to 4 to consider the representation of the petitioner dated 08.05.2023 and take necessary and appropriate steps to remove the encroachments made in the Pond (Kazhudai Kuttai) comprised in Survey No.145/1, measuring an extent of 0.69.63 hectare (i.e.) acre 1.72 cents, situate at No.84, Thiruvellaivoyal Village, Ponneri Taluk, Tiruvallur District and protect, safeguard and maintain the ecosystem and environment condition of the Pond.

For the Petitioner : Mr. R.Munusamy For the Respondents : Mr.J.Ravindran Additional Advocate-General Assisted by Mr.A.Selvendran Special Government Pleader for Respondents 1, 2 & 3 Mr.P.Muthukumar State Government Pleader for Respondent-4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.R.Munuswamy, learned counsel for the petitioner, Mr.J.Ravindran, learned Additional Advocate-General, assisted by Mr.A.Selvendran, learned Special Government Pleader for the

respondents 1, 2 & 3 and Mr.P.Muthukumar, learned State Government Pleader for the fourth respondent.

2. According to learned counsel, Survey No.145/1 is a pond and encroachment exists in the same. No action has been taken.

3. Learned Additional Advocate General and learned State Government Pleader for the respondents submit that on 09.06.2023, a survey is going to be conducted in S.No.145/1 and upon the result of the survey, further steps, in accordance with law, would be undertaken.

4. In view of the aforesaid statement, further orders are not necessary. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 05.06.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Tiruvallur District Tiruvallur 602 001.

2. The Sub Collector Ponneri Revenue Divisional Office Ponneri 601 204 Tiruvallur District.

3. The Tashildar Ponneri Taluk Office Ponneri 601 204 Tiruvallur District.

4. The Block Development Officer/ Panchayat Commissioner Minjur Panchayat Union Minjur 601 203 Ponneri Taluk, Tiruvallur District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 05.06.2023