Madras High CourtWP/1118/2024disposed of

S.R.Palanidurai v. The State Of Tamilnadu,

2024-01-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.R.Palanidurai .. Petitioner -vs1. The State of Tamilnadu, Revenue and Disaster Management Department, Rep. by its Secretary, Secretariat, Fort St. George, Chennai 600 009.

2. The Additional Chief Secretary to Govt., Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

3. The Additional Chief Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.

4. The Director of Survey and Settlement, Survey Illam, Survey and Land Record Department, Chennai 600 005.

5. The Engineer-in-Chief, Water Resource Department, Chennai-5.

6. The District Collector, Collectorate, Tiruvarur, Tiruvarur District.

7. The Revenue Divisional Officer, Office of RDO, Mannargudi.

8. The Tahsildar, Taluk Office, Tiruthuraipoondi Taluk, Tiruvarur District.

9. The Executive Engineer (PWD), Water Resources Organization, Public Works Department, Tiruvarur.

10.R.Vijaya 11.S.Rajamanickam 12.S.Ganesan 13.M.Selvam 14.M.Rajendran .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 6 to 9 to initiate eviction proceedings against the 10th to 14th respondents to evict from S.No.86/1 and 80/1 of Kudichethy Village, Kunnaloor Post, Tiruthuraipoondi Taluk, Tiruvarur District 614 703, classified as water body in revenue records, under Tamilnadu Protection of Tanks and Eviction of Encroachment Act, 2007, within a stipulated time as this Court may deem fit and proper.

For the Petitioner :

Mr.P.Thiagarajan

For the Respondents :

Mr.C.Kathiravan, Special Government Pleader, for RR 1 to 9 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.Thiagarajan, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader, for respondent Nos.1 to 9.

2. The petitioner alleges encroachment on a waterbody situated in S.Nos.86/1 and 80/1 of Kudichethi Village, Kunnaloor Post, Tiruthuraipoondi Taluk, Tiruvarur District.

3. The learned Special Government Pleader, on instructions of the Tahsildar, makes a statement that within four weeks, a survey/ measurement would be carried out and if encroachment is found, the same would be removed expeditiously.

In view of the said statement, no orders are necessary. The writ petition is, accordingly, disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.01.2024 Index : Yes/No : Yes/No sra To

1. The Secretary to Govt. of Tamilnadu, Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai 600 009.