Madras High CourtWP/19856/2018disposed of

K.S.Pandurangan, v. The District Collector

2019-01-22Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2019

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.19856 of 2018 K.S.Pandurangan .. Petitioner Vs.

1. The District Collector Thiruvallur District.

2. The Revenue Divisional Officer Ambattur, Chennai.

3. The Thasildar Madhavaram Taluk Chennai.

4. The Commissioner Corporation of Chennai.

5. Umapathi .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 to 4 to remove the water body encroachment of 5th respondent in Survey No.464/2 at Madhavaram Town, Madhavaram Taluk, Thiruvallur District in accordance with law.

For Petitioner : Mr.S.Ramajayam For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for respondents 1 to 3 Mr.V.C.Selvasekaran for 4th respondent Not ready in notice regarding 5th respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner is seeking directions to respondents 1 to 4 to remove the water body encroachment put up by the fifth respondent in Survey No.464/2 at Madhavaram Town, Madhavaram Taluk, Thiruvallur District.

2. The first respondent, viz., the District Collector, Thiruvallur District, has filed a counter affidavit in which it is stated that the land belongs to the Government and is taken up for utilization for Government purposes. It is further stated that at present the land is vacant without any encroachment, except leveling the pit (kuttai), and no other encroachment is seen.

3. The learned counsel for the petitioner also admits that there is no superstructure on the said land and at present the said land is vacant.

4. In view of the above, no further orders are necessary in this writ petition, except directing respondents 1 to 4 to preserve the land in question without any further encroachment. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar sasi To:

1. The District Collector Thiruvallur District.

2. The Revenue Divisional Officer Ambattur, Chennai.

3. The Thasildar Madhavaram Taluk Chennai.

4.The Commissioner, Corporation of Chennai.

+1cc to Mr.S.Ramajayam, Advocate, S.R.No. 46211 +1cc to the Government Pleader, S.R.No. 4813 W.P.No.19856 of 2018 RSI(CO) GN(11/02/2019)