Madras High CourtWP/21558/2023disposed of

S.Raghuvaran v. The District Collector

2023-07-24Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2023 CORAM :

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

Petitioner Vs.

1. The District Collector Thiruvannamalai District Thiruvannamalai.

2. The District Revenue Officer Thiruvannamalai District Thiruvannamalai.

3. The Revenue Divisional Officer Thiruvannamalai Revenue Division

4. The Tahsildar

5. The Block Development Officer Thurinijapuram

6. The Revenue Inspector Keezhpennathur Firkha

7. The Village Administrative Officer Boothamangalam Revenue Village

8. Lakshmanan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 7 herein to remove the encroachment made by the eighth respondent in the pond comprised in Survey No.5/2 and also the Odai comprised in Survey No.29 in Boothamangalam Revenue Village, Keezhpennathur Taluk, Thiruvannamalai District and consequently, restore the pond and Odai to its original position as per revenue records at the earlier point of time as may be fixed by this Hon'ble Court.

For the Petitioner : Mr.N.Elumalai For the Respondent : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 7

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Elumalai, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 7.

2. The petitioner alleges encroachment on Survey Nos.5/2 and 29 in Boothamangalam Revenue Village, Keezhpennathur Taluk,

3. Learned counsel for the petitioner submits that S.No.5/2 and S.No.29 are waterbodies and encroachment is made by the eighth respondent.

4. Learned State Government Pleader submits that communication is received from the Tahsildar to the effect that encroachments on S.No.5/2 are made by two persons and on S.No.29

by two persons and Form I notice has been sent to Block Development Officer, Thruinjapuram on 22.07.2023 to evict the encroachments by following due procedure of law and rules in the Tamil Nadu Land Encroachment Act, 1905.

5. In view of the above statement, no orders are necessary. Accordingly, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 24.07.2023 Index :

Yes/No :

Yes/No kpl To