N.Eswari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1.N.Eswari 2.K.Elangovan 3.E.Marimuthu 4.T.Shadik Basha 5.S.Vasanthi 6.D.Govindasamy 7.S.Lakshmi 8.S.Kumar 9.A.Kumar 10.M.Janaki 11.J.Anjalai 12.P.Chandra 13.J.Jayakumar 14.K.Lakshmi 15.A.Lakshmi 16.D.Sivakumar 17.K.Veeramuthu 18.P.Ezhumalai 19.B.Rani 20.P.Vengatesan 21.M.Subburayan 22.V.Chitra 23.P.Sreeram Velu Goundaih 24.K.Ramadhass 25.T.Veerammal 26.M.Dheivamani 27.K.Bhanu 28.Venkatesan 29.S.Elumalai

30.G.Selvi 31.M.Jegadeesan 32.S.Manikandan 33.M.Shanmugam 34.V.Kanniyammal 35.K.Ponnusamy 36.M.Krishnaveni 37.C.Vijaya 38.K.Malliga 39.R.Parvathi 40.P.Karthikeyan 41.R.Michael 42.S.Mala 43.B.Nasira Banu 44.S.Muniyammal 45.R.Balaraman 46.R.Manjunathan 47.N.Joyce 48.K.Valliyammal 49.S.Rani 50.R.Murugesan 51.A.Sathya 52.I.Selvathangam 53.K.Lakshmi Ravi 54.H.Sanayullah 55.M.Vaithi 56.K.Mani 57.A.Murugesan 58.C.Boopathi 59.S.Valarmathi 60.N.Kathiravan ...

Petitioners versus 1.The District Collector, Chengalpet District 2.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai 600 008

3.The Assistant Engineer, Public Works Department, Water Resources Organisation, Adyar Irrigation Work, St.Thomas Mount, Chennai 16 4.The Revenue Divisional Officer, Tambaram, Chennai 600045 5.The Tahsildar, Pallavaram Taluk, Chengalpet District ...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to conduct the survey proceedings with respect to the land in survey nos. 178 and 181 situated at Anakaputhur Village, Pallavaram Taluk, Chengalpet District and the adjacent Adyar river by appointing conservator as per the Tamil Nadu Conservancy of Rivers Act, 1884.

For the Petitioner :

Mr.B.Mohan For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for respondents 1, 3 to 5 Mr.R.Sivakumar, for the second respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.B.Mohan, learned counsel for the petitioners, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1, 3 to 5 and Mr.R.Sivakumar, for the second respondent.

2. The petitioners seek direction against the respondents to conduct survey proceedings with respect to land in survey Nos.178 and 181, situate at Anagaputhur Village, Pallavaram Taluk, Chengalpet District.

3. According to the learned counsel for the petitioners, no notice of survey was served upon the petitioners. The petitioners were also not provided with the survey report.

4. In fact, show cause notice has been issued to the petitioners on 05.02.2018. As they were found to be encroachers, notices were issued in terms of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. The allegation was that they have encroached upon a waterbody.

5. This Court, vide order dated 25.01.2023 in WP No.12767 of 2018, directed the respondents 1, 3 and 6 to conduct a precise survey with the help of land surveyor and if the survey report, on the basis of revenue records, shows that the petitioners have encroached the water body area falling in the survey numbers in question, after issuing notice to the persons concerned and after considering their reply can proceed further for doing the needful. The exercise was directed to be completed within a period of eight weeks.

5. Mr.P.Muthukumar, learned State Government Pleader, that survey has been conducted pursuant to the said order.

6. The petitioner, if so aggrieved by the survey, may challenge the said survey before the Appellate Authority.

7. With this observation, the writ petition is disposed of. There will be no order as to costs. Consequently, WMP No.17341 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 04.07.2023 Index : yes/no : Yes/No tar To:

1.The District Collector, Chengalpet District 2.The Member Secretary, C.M.D.A.,Gandhi Irwin Road, Egmore, Chennai 600 008 3.The Assistant Engineer, P.W.D.,Water Resources Organisation, Adyar Irrigation Work, St.Thomas Mount, Chennai 16 4.The Revenue Divisional Officer, Tambaram, Chennai 600045

5.The Tahsildar, Pallavaram Taluk, Chengalpet District

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

(tar) 04.07.2023