M.Sathish Kumar v. The Public Works

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.24106 of 2016 M.Sathish Kumar ... Petitioner

Versus

1.The Public Works Department (Irrigation) Kezhlpalaru Lower Basin Division, rep. by its Executive Engineer, Office of Collectorate, Kancheepuram.

2.The District Collector, Kancheepuram District.

3.The Revenue Divisional Officer, Chengalpet Taluk, Kancheepuram District.

4.The Tahsildar, Chengalpet Taluk, Kancheepuram District.

5.Kattankulathur Panchayat Union, rep. by its Chairman Kattankulathur, Kancheepuram District.

6.Sri Ramasamy Memoral University (SRM) rep. by its Chancellor, P.R.Pachamuthu SRM Nagar, Potheri, Kattnakulathur, Kancheepuram District.

... Respondents Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus, to direct the respondents 1 to 5 to initiate action against the 6th respondent and to remove the encroachment made by it in the lands more particularly described in the petition scheduled in S.No.200/1, 200/2, 188/4, 190, 197/5, 221/1, 223 situated at Potheri Village, Kattankulathur, Chengalpet Taluk, Kancheepuram District under the provision of

Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and Tamil Nadu Encroachment Act.

For Petitioner : Mr.N.L.Rajah Senior Counsel for Mr.K.Balu For Respondents : Mr.M.K.Subramanian Government Pleader for R.1 to R.5 Mr.V.T.Gopalan Senior Counsel for Ms.B.Saraswathi.

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) We have perused the affidavit filed by the second respondent. We are satisfied that at last, action against encroachments has been taken. Some actions have been completed, while other actions are in progress.

2.We are thus of the view that the only direction that is to be made is for the respondent/authority to complete the action against encroachment, whether it be 6th respondent or other respondents, as is apparent from the affidavit filed by the second respondent.

3. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs.

List for compliance on 20.01.2017.

Compliance report be filed at least three days before the next date of hearing with advance copy to the learned counsel for the petitioner.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ksr

To 1.The Executive Engineer, Public Works Department (Irrigation) Kezhlpalaru Lower Basin Division, Office of Collectorate, Kancheepuram.

2.The District Collector, Kancheepuram District.

3.The Revenue Divisional Officer, Chengalpet Taluk, Kancheepuram District.

4.The Tahsildar, Chengalpet Taluk, Kancheepuram District.

5.The Chairman, Kattankulathur Panchayat Union, Kattankulathur, Kancheepuram District.

+2cc's to Mr.B.Saraswathi, Advocate, S.R.Nos.63657 & 64011 +1cc to the Government Pleader, S.R.No.64125 W.P.No.24106 of 2016 NM1(CO) CA(09/11/2016)