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Madras High CourtWP/17094/2024disposed of

Chinnathambi v. The State

2024-07-03Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ CHINNATHAMBI .. Petitioner Vs

1. THE STATE REP BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, CHENNAI.

2. THE DISTRICT COLLECTOR COLLECTORATE OFFICE,

3. THE DISTRICT REVENUE OFFICER COLLECTORATE OFFICE, ANNA SALAI, TIRUVANNAMALAI DISTRICT.

4. THE REVENUE DIVISIONAL OFFICER RDO OFFICE, KALASAPAKKAM TALUK,

5. THE TAHSILDAR TAHSILDAR OFFICE,

6. THE VILLAGE ADMINISTRATIVE OFFICER VAO OFFICE, POONDI VILLAGE,

7. THE VILLAGE ADMINISTRATIVE OFFICER VAO OFFICE, KALASAPAKKAM TALUK,

8. CHANDIRAN

9. CHINNATHAMBI @ CHINNADURAI 10.ARUMUGAM 11.SAKER .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the official respondents to consider and take necessary action based on petitioner's representation dated 21.05.2024 thereby requesting to remove the encroachments done in the water body comprised in Survey Nos.11, 12 and 14 Poondi Village, Kalasapakkam Taluk, Tiruvannamalai District by respondents 8 to 11 and other encroachers. For the Petitioner : Mr.D.Thirumoorthy For the Respondents : Mr.Habeeb Rahman Government Advocate for respondents 1 to 7

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Heard Mr.D.Thirumoorthy, learned counsel for the petitioner and Mr.Habeeb Rahman, learned Government Advocate for respondents 1 to 7.

2. Seeking removal of the encroachments made on the waterbody comprised in Survey Nos.11, 12 and 14, Poondi Village, Kalasapakkam Taluk, Tiruvannamalai District by the private respondents, the petitioner sent representation dated 21.5.2024 to the respondent authorities. As the said representation did not evoke any response, the present writ petition is filed.

3. Considering the narrow scope of the prayer made in the writ petition, without expressing any opinion on the merits of the matter, we direct the respondent authorities to consider the representation dated 21.5.2024 sent by the petitioner on merits and in accordance with law and pass appropriate orders, after notice to all concerned, including the private respondents, within a period of eight weeks

from the date of receipt of a copy of this order.

4. The writ petition is disposed of accordingly. There shall be no order as to costs.

(R.M.D., ACJ.) (M.S.Q., J.) 03.07.2024 Index :

Yes/No NC :

Yes/No bbr To:

1. THE SECRETARY, STATE OF TAMIL NADU REVENUE DEPARTMENT, SECRETARIAT, CHENNAI.

2. THE DISTRICT COLLECTOR COLLECTORATE OFFICE,

3. THE DISTRICT REVENUE OFFICER COLLECTORATE OFFICE, ANNA SALAI, TIRUVANNAMALAI DISTRICT.

4. THE REVENUE DIVISIONAL OFFICER RDO OFFICE, KALASAPAKKAM TALUK,

5. THE TAHSILDAR TAHSILDAR OFFICE,

6. THE VILLAGE ADMINISTRATIVE OFFICER VAO OFFICE, POONDI VILLAGE,

7. THE VILLAGE ADMINISTRATIVE OFFICER VAO OFFICE, KALASAPAKKAM TALUK,

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

bbr 03.07.2024