R.Palanivel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2023

CORAM

THE HON'BLE MR.JUSTICE S. VAIDYANATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR R. Palanivel ..Petitioner Vs.

1.

The District Collector, District Collector Office, 2.

The District Revenue Officer, District Collector Office, 3.

The Sub Divisional Officer, Water Resource Department, Sarabanga Office, Near Old Judicial Magistrate Court, Rasipuram, Rasipuram Taluk, 4.

The Tahsildar, Taluk Office, 1\8

Rasipuram Taluk, 5.

Thangaraj ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to direct respondents 1 to 4 to remove the encroachment in Survey Nos.2/7, 3/5, 5, 6 & 22 in water body wary poramboke at Ponkurichi Village, Rasipuram Taluk, Namakkal District by cancelling patta in favour of 5th respondent in Survey No. 2/7 and by considering the petitioner's representation dated 03.10.2022. For Petitioner ::

Mr.M.Elango For Respondents ::

Mr. Muthukumar, State Government Pleader for R1 to R4

O R D E R

(By S. Vaidyanathan,J.) The writ petition is filed for issue of a Writ of Mandamus to direct respondents 1 to 4 to remove the encroachment in Survey Nos.2/7, 3/5, 5, 6 & 22 in water body wary poramboke at Ponkurichi Village, Rasipuram Taluk, Namakkal District by cancelling patta in favour of 5th respondent in Survey No. 2/7 and by considering the petitioner's representation dated 2\8

03.10.2022.

2.

Notice to the 5th respondent is dispensed with as no prejudice is going to be caused to him as no adverse orders are passed in this writ petition against R5.

3.

When the matter is taken up for hearing, learned State Government Pleader would submit that out of five survey numbers mentioned in the writ petition, which are said to have been encroached, Survey No.2/7 is a patta land while the other survey numbers are water bodies and roads. He would further submit that encroachments made on water bodies in three survey numbers have been removed and they are taking steps to remove the encroachments on water bodies in other survey numbers forthwith. The "A" Register produced by the learned State Governent Pleader is scanned and reproduced below: 3\8

4\8

5\8

6\8

4.

In view of the submission made by the learned State Government Pleader, the writ petition stands disposed of recording the same. If the petitioner is aggrieved over the issuance of patta in respect of Survey No.2/7, it is open to the petitioner to approach the authority under the Patta Passbook Act for necessary redressal. Any decision that is going to be taken by the authorities either for removal of encroachment or for grant of patta, shall be after hearing the 5th respondent. No costs. (S.V.N.J.) (K.R.S.J.) nv 23.06.2023 To 1.

The District Collector, District Collector Office, 2.

The District Revenue Officer, District Collector Office, 3.

The Sub Divisional Officer, Water Resource Department, Sarabanga Office, Near Old Judicial Magistrate Court, Rasipuram, Rasipuram Taluk, S. VAIDYANATHAN,J.

7\8

AND K. RAJASEKAR,J.

nv 4.

The Tahsildar, Taluk Office, Rasipuram Taluk, 23.06.2023 8\8