T.Dhanalakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI T.Dhanalakshmi W/o.Alagasan
...Petitioner
Vs 1.
The District Collector Collector Office Namakkal District - 637 003.
2.
The District Revenue Officer District Revenue Office Namakkal District - 637 003.
3.
The Revenue Divisional Officer Revenue Divisional Office Tiruchengode Taluk Namakkal District - 637 211.
4.
The Revenue Thasildar Revenue Thasildar Office Tiruchengode Circle Namakkal District- 637 211.
Page Nos.1/7
5.
President Chinnamanali Village 1/83, Chinnamanali Post Servampatti Village Thillai Nagar, Thiruchengodu Taluk Namakkal - 637 216.
6.
Palanivel S/o.Kandhasamy Gounder 7.
Thangavel S/o.Athiyappa Goundar 8.
Gurusamy S/o.Kandhasamy Goundar 9.
Madeshwaran S/o.Ramasamy 10.
Athiyappan S/o.Kalianna Goundar 11.
Kalliannan S/o.Kandhasamy 12.
Thirumurugan S/o.Kandhasamy
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to survey the lands and remove the encroachments made by the respondents 6 to 12 in the Chinnakuttai Supply Channel in Survey Numbers 46/3, 45/14, 106/4, 92/2A, 92/2B, 98/10, 99/6, 100/6, 100/7, 103/5, 101/10 in Chinnamanali Page Nos.2/7
Village.
For Petitioner :
Mr.S.Sivashanmugam For Respondents :
Mr.M.S.Arasakumar Government Advocate, for R1 to R4 Mr.T.K.Saravanan Additional Government Pleader, for R5
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} is 'Survey Numbers 46/3, 45/14, 106/4, 92/2A, 92/2B, 98/10, 99/6, 100/6, 100/7, 103/5, 101/10 in Chinnamanali Village, Tiruchengode, Namakkal District' {hereinafter 'said lands' for the sake of brevity, convenience and clarity}.
2. Mr.S.Sivashanmugam, learned counsel on record for writ petitioner submits that Chinnakuttai Supply Channel is situate in said lands and R6 to R12 have encroached upon the same. Learned counsel submits that a detailed representation dated 13.06.2024 has been sent by writ petitioner complaining about encroachment qua said lands and seeking removal but there is inaction and that has necessitated the captioned WP. Page Nos.3/7
3. Issue notice to official respondents i.e., R1 to R5.
4. Mr.M.S.Arasakumar, learned Government Advocate, accepts notice for R1 to R4 and Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for R5. Learned State Counsel submit, on instructions that survey of said land was conducted on several dates by R4 and finally on 20.07.2024, R4 has sent a detailed report to R1 recording the ground position that there is no encroachment.
5. Learned counsel for writ petitioner has been favoured with copy of this communication / report dated 20.07.2024 today.
6. Learned counsel for writ petitioner submits that there is no free water flow and therefore, writ petitioner wants to assail the aforementioned communication / report of R4. It is made clear that it is open to writ petitioner to do so in accordance with law, if so advised and if so desired. We express no opinion on this plea.
Page Nos.4/7
7. As this order does not touch upon rights of private respondents i.e., R6 to R12 much less adverse to them, there is no difficulty in dispensing with notice to R6 to R12 and taking up the main WP in the Admission Board and giving a closure to the same.
Captioned WP is disposed of as closed recording the stated position of learned State Counsel. There shall be no order as to costs. [M.S.,J.] [K.G.T.,J.] 21.03.2025 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.5/7
To 1.
The District Collector Collector Office Namakkal District - 637 003.
2.
The District Revenue Officer District Revenue Office Namakkal District - 637 003.
3.
The Revenue Divisional Officer Revenue Divisional Office Tiruchengode Taluk Namakkal District - 637 211.
4.
The Revenue Thasildar Revenue Thasildar Office Tiruchengode Circle Namakkal District- 637 211.
5.
President Chinnamanali Village 1/83, Chinnamanali Post Servampatti Village Thillai Nagar, Thiruchengodu Taluk Namakkal - 637 216.
Page Nos.6/7
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 21.03.2025 Page Nos.7/7