A.M.Ramachandran, v. The Thasildhar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.13933 of 2013 A.M.Ramachandran .. Petitioner -vs1.The Thasildhar, Salem, Salem District.

2.The District Collector, Salem District, Salem.

3.The Deputy Secretary, Revenue Department, Secretariat, Fort St. George, 4.The Joint Commissioner (Land) / The Land Administrative Commissioner, Chepuak, Chennai 600 005.

5.State of Tamil Nadu, rep. By its Secretary to Government, Revenue Department, Fort St. George, .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to complete the enquiry which was initiated on 11.09.2012 by the first respondent, on the basis of the representations made by the petitioner, in the matter of illegal allotment of 1.30 acres situated in Town Survey No.123/4, Hasthampatti Town, Salem Taluk and Salem District and also in Village Survey No.18/3, in Hasthampatti Village, Salem Taluk and Salem District, which are water bodies i.e. Eri Poramboke and to take necessary follow up action like cancelling the pattas, vacating the area, restoring the lak lands as it was previously, removing all the encroachments in that water body, etc.

For Petitioner :

Mr.K.Rajasekaran For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The allegation made is of pattas being issued in water bodies and thus, seeking restoration of those water bodies situated in Town Survey No.123/4, Hasthampatti Town and in Village Survey No.18/3, in Hasthampatti Village, Salem Taluk and Salem District.

2.On hearing the learned counsel for parties, we direct the second respondent / District Collector, to hold an enquiry into the aforesaid aspect, after notice to all concerned and take a reasoned decision within a maximum period of four (4) months of the receipt of this order. If it is found that pattas have been given wrongly in the water areas, naturally action would have to be taken for cancellation of pattas.

3.Writ Petition is, accordingly, disposed of. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra To 1.The Thasildhar, Salem, Salem District.

2.The District Collector, Salem District, Salem.

3.The Deputy Secretary, Revenue Department, Secretariat, Fort St. George,

4.The Joint Commissioner (Land) / The Land Administrative Commissioner, Chepuak, Chennai 600 005.

5.The Secretary to Govt. of Tamil Nadu, Revenue Department, Fort St. George, 1 cc to Mr.K.Rajasekaran, Advocate, sr.34269 1 cc to Government Pleader, sr.34401 W.P.No.13933 of 2013 rsi co kra 19.07.2016