N.Sankar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Sankar .. Petitioner -vs1. The District Collector, O/o.District Collector,
2. The Commissioner, Corporation of Salem,
3. The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Zakkir Ammapalayam, Salem District 636 005.
4. The Tahsildar (South), O/o.Tahsildar, Maniyanur,
5. The Divisional Engineer, O/o.Divisional Engineer, Public Works Department (WRO), Vincent, Salem District 636 007.
6. The Assistant Commissioner, Kondalampatti Zone, Salem Corporation, Salem District 636 006.
7. The Executive Engineer, Urban Planning Division, Salem Corporation, Salem District 636 001.
8. The Junior Engineer, Zone No.46, Kondalampatti Zone, Salem Corporation, Salem District 636 001.
9. The Village Administrative Officer, Salem Town, Gugai, Salem District 636 006.
10.Palanisamy 11.Vishwanathan 12.Chandira 13.Sekar 14.Kulli 15.Mahalakshmi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 9 to remove the encroachment put up by the respondents 10 to 15 in 46th Division, 'H' Ward, New Ward No.AA, Block No.51, T.S.No.1/1, Thirumanimutharu River, Salem Corporation Limit, Salem District, by considering the representation of the petitioner dated 13.06.2023 pursuant to the letter correspondence in Na.Ka.No.M11/2068/2023 dated 16.06.2023 issued by the 6th respondent and Na.Ka/O.Mu.No. 4726/2023/A3 dated 28.06.2023 issued by the 2nd respondent within a stipulated period of time.
For the Petitioner :
Mr.A.Rajeshkanna For the Respondents :
Mrs.R.Anitha, Spl. Govt. Pleader for RR 1, 3, 4, 5 & 9 :
Ms.N.Devi for RR 2, 6 to 8 :
Not ready in notice reg. RR 10 to 15 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.A.Rajeshkanna, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for respondent Nos.1, 3 to 5 and 9 and Ms.N.Devi, learned counsel for respondent Nos.2 and 6 to 8.
2. The learned counsel for the petitioner submits that respondent Nos.10 to 15 have encroached upon T.S.No.1/1 Thirumanimutharu River, Salem Corporation Limit, Salem.
3. The learned Special Government Pleader submits that on 09.12.2023, the subject land has been surveyed with police protection and encroachments have been identified. The learned Special
Government Pleader submits that the Tahsildar, Salem has also communicated to the Executive Engineer, Public Works Department, for issuance of notice for eviction of encroachments. She submits that steps would be taken for removal of the encroachments expeditiously. In view of the said statement, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 12.12.2023 Index : Yes/No : Yes/No sra To
1. The District Collector, O/o.District Collector,
2. The Commissioner, Corporation of Salem,
3. The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Zakkir Ammapalayam, Salem District 636 005.
4. The Tahsildar (South), O/o.Tahsildar, Maniyanur,
5. The Divisional Engineer, O/o. Divisional Engineer, Public Works Department (WRO), Vincent, Salem District 636 007.
6. The Assistant Commissioner, Kondalampatti Zone, Salem Corporation, Salem District 636 006.
7. The Executive Engineer, Urban Planning Division, Salem Corporation, Salem District 636 001.
8. The Junior Engineer, Zone No.46, Kondalampatti Zone, Salem Corporation, Salem District 636 001.
9. The Village Administrative Officer, Salem Town, Gugai, Salem District 636 006.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 12.12.2023