A.Radhakrishnan, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.18193 of 2018 A.Radhakrishnan .. Petitioner Vs 1 The Secretary to Government Revenue Department Secretariat Chennai - 600 009.
2 The Secretary to Government Secretariat Chennai - 600 009.
3 The Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai - 600 009.
4 The District Collector 5 The Commissioner of Police Salem City.
6 The Revenue Divisional Officer 7 The Commissioner Salem Corporation 8 The Assistant Director (Survey)
9 The Superintending Engineer Upper Cauvery Basin Circle Kumarasamypatty, Salem.
10 Elango Tiffen centre Rep by its Proprietor Gugai, Salem - 636 006.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 4 to 9 to remove the encroachment found in the water channel in Town Survey No.40/1 and 40/2 to an extent of 0.015.0 and 0.0186.0 square meter respectively situated at Gugai Village, Salem South Taluk, Salem District, which is made by the 10th respondent, as well as to remove the encroachment found on the water bodies by considering petitioner's representation dated 30.05.2017 as well as the proceedings of 4th respondent in Na.Ka.No.57279/2008/K1, dated 17.11.2014 and other subsequent proceedings. For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.S.N.Parthasarathy Government Advocate for respondents 1 to 6, 8 and 9 Ms.K.Bhuvaneswari Standing Counsel for 7th respondent No appearance for 10th respondent
ORDER
(Order of the Court was made the Hon'ble Chief Justice) Heard Mr.R.Marudhachalamurthy, learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate for respondents 1 to 6, 8 and 9.
2. The petitioner is seeking directions to respondents 4 to 9 to remove the encroachment found in the water channel in Town Survey No.40/1 and 40/2 to an extent of 0.015.0 and 0.0186.0 square meter respectively situated at Gugai Village, Salem South Taluk, Salem District. According to the petitioner, this encroachment was put up by the tenth respondent.
3. The learned Government Advocate has filed a counter affidavit of the ninth respondent, i.e., the Superintending Engineer, Public Works Department, Upper Cauvery Basin Circle, Salem. In the said affidavit, it is stated that in relation to the encroachment notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued on 25.7.2018 and thereafter notice under Section 6 of the Act was issued on 28.8.2018 to the encroachers. The encroachers have filed appeals before the District Collector, Salem, which are pending decision.
4. Thus, it is seen that the authorities are taking action in relation to the encroachment in the said piece of land. Therefore, no further orders are necessary.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar sasi To:
1 The Secretary to Government Revenue Department Secretariat Chennai - 600 009.
2 The Secretary to Government Secretariat Chennai - 600 009.
3 The Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai - 600 009.
4 The District Collector
5 The Commissioner of Police Salem City.
6 The Revenue Divisional Officer 7 The Commissioner Salem Corporation 8 The Assistant Director (Survey) 9 The Superintending Engineer Upper Cauvery Basin Circle Kumarasamypatty, Salem.
+1cc to Mr.R.Marudhachalamurthy, Advocate SR.No.50859 +1cc to Government Pleader SR.No.51138 W.P.No.18193 of 2018 RR(CO) GMY(10/07/2019)