P.R.Samikannu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.R.Samikannu .. Petitioner -vs1. The District Collector Salem District, Salem.

2. The Revenue Divisional Officer Attur, Salem District Salem.

3. The Tahsildar Thalaivasal Taluk Salem District.

4. The Assistant Engineer Water Resources Department Public Works Department Thalaivasal Irrigation Division Salem District.

5. Ramachandran

6. Chellamuthu

7. Singaram

8. Chitra

9. Balasundaram 10.Ramasamy 11.Kannan 12.Naveen

13.Samiynnan Nadar 14.Chandraseker 15.Samikannu 16.Anandhan 17.Nallampayiram 18.Rajendran 19.Azhaguvel 20.Pichamuthu 21.Periyasamy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachments made by respondents 5 to 21 and other encroachers on the North-Western side of the Periyeri in S.No.199/1 in Periyeri Village, Thalaivasal Taluk, Salem District, as per the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act 2007 and based on the petitioner's latest representation dated 17.05.2022 and construct a pucca bund on the North-Western side of the Periyeri to effectively prevent any further encroachment within a time frame fixed by this Court. For the Petitioner :

Mr.P.T.Geotom For the Respondents :

Mrs.R.Anitha, SGP (RR1 to 4) Mr. L.Rajendran (R19) No appearance (RR6,8,9,11,12 14 to 18 and 20) RR5 & 13 - Died steps due RR7, 10 & 21 - Not ready in notice

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.P.T.Geotom, learned counsel for the petitioner; Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 4 and Mr. L.Rajendran, learned counsel, for respondent 19.

2. Learned Special Government Pleader, on instructions, submits that last week the survey was conducted. On receipt of the survey report, further action in accordance with law would be undertaken.

3. In view of the said statement, the writ petition stands disposed of. No costs.

(S.V.G., CJ.) (P.D.A., J.) 27.07.2023 Index : yes/no : Yes/No Maya

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

(Maya) To

1. The District Collector Salem District, Salem.

2. The Revenue Divisional Officer Attur, Salem District Salem.

3. The Tahsildar Thalaivasal Taluk Salem District.

4. The Assistant Engineer Water Resources Department Public Works Department Thalaivasal Irrigation Division Salem District.

27.07.2023