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Madras High CourtWP/20453/2023disposed of

K.K.Seerangan v. The District Collector

2023-07-12Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.K.Seerangan .. Petitioner -vs1. The District Collector, Collectorate, Erode 638 011, Erode District.

2. The Revenue Tahsildar, Anthiyur Taluk, Erode District.

3. V.Siva Prakash .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachments in the 'Nilaviyal Odai' in R.S.No.117/4, Kuppandam Palayam Village, Anthiyur Taluk, Erode District, after conducting field survey to identify the boundaries and restore the water body to its original position, by considering the petitioner's representations dated 10.06.2023 and 19.06.2023.

For the Petitioner :

Ms.M.Adhishree for Mr.N.Manokaran For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader, for RR 1 and 2 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Ms.M.Adhishree, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 and 2.

2. Encroachment is alleged on a waterbody.

3. A status report is filed by the Tahsildar. It is submitted by the learned State Government Pleader on the basis of the report of the Tahsildar that action has been taken by the Taluk Deputy Surveyor to survey the land after adopting necessary procedure. Since the land is about 300 meters, it will take some days for the survey to be completed. The survey would be done within one week. It is further

submitted by the learned State Government Pleader that after the survey is conducted, action will be taken to remove the encroachments, if any found on the 'Nilaviyal Odai' in R.S.No.117/4.

4. In view of the said statement on the part of the respondents, no further orders are necessary.

The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 12.07.2023 Index : yes/no : Yes/No sra To:

1. The District Collector, Collectorate, Erode 638 011, Erode District.

2. The Revenue Tahsildar, Anthiyur Taluk, Erode District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 12.07.2023