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Madras High CourtWP/23967/2023disposed of

A.Balasubramaniam v. The District Collector

2023-08-16Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.Balasubramaniam ..

Petitioner Vs.

1. The District Collector District Collector Office Tiruppur District.

2. The Revenue Divisional Officer Revenue Divisional Office Udumalaipet.

3. The Revenue Tahsildar Revenue Tahsildar Office Udumalaipet.

4. The Block Development Officer Block Development Office Udumalaipet.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the third respondent herein, to

implement the order of the second respondent in O.M.1893/2023/A1 dated 16.05.2023, for the removal of watercourse encroachment in Survey No.276, Andiyakoundanur, Udumalaipet, Tiruppur District within a stipulated time as fixed by this Hon'ble Court and file a report regarding the same before this Hon'ble Court. For the Petitioner : Mr.N.K.Selvakumar For the Respondents : Mr.K.M.D.Muhilan Additional Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.K.Selvakumar learned counsel for the petitioner and Mr.K.M.D.Muhilan, learned Additional Government Pleader for the respondents.

2. Learned counsel for the petitioner submits that the order dated 16.05.2023 passed by the second respondent is not implemented.

3. On 16.05.2023, the Revenue Divisional Officer has

communicated to the Tahsildar to make an inspection/survey and take appropriate action to remove the encroachment. The Tahsildar was directed to conduct a survey and then, to take further action. The petitioner has immediately filed the writ petition without even waiting for a reasonable time.

4. In case there is some encroachment on the waterbody, the petitioner may file a representation to the concerned person with regard to the order dated 16.05.2023 and if, within a reasonable time, no action is taken, then may move the Court.

5. With the above observations, this writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 16.08.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector District Collector Office Tiruppur District.

2. The Revenue Divisional Officer Revenue Divisional Office Udumalaipet.

3. The Revenue Tahsildar Revenue Tahsildar Office Udumalaipet.

4. The Block Development Officer Block Development Office Udumalaipet.

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

(kpl) 16.08.2023