Shanmugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2024
CORAM:
THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI Shanmugam ... Petitioner versus 1.The District Collector, Office of District Collector, Kallakuruchi.
2.The Deputy Collector, Office of District Collector, Kallakuruchi.
3.The Block Development Officer, Kallakuruchi Union, Kallakuruchi.
4.The Thasildhar, Office of Thasildhar, Kallakuruchi.
1/6
5.The Assistant Engineer, Public Works Department (Water Body), Department of Water Sources, Vellaru Channel Sub Division, Kallakuruchi- 606213.
6.The Inspector of Police, Chinna Salem Police Station, Chinna Salem, Kallakuruchi District.
7.Sudhagaran 8.Nataraj ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the respondents 1 to 6, to consider the petitioner's representation dated 01.12.2023, have a survey and earmarked the land comprised in Survey No.135 of Varathappanoor Village, Pukkiravari, Kallakurichi, evict the illegal occupiers based on 3rd respondent letter of communication dated 24.08.2023, thereby protecting the water canal comprised in Survey No.135 of Varathappanoor Village, Kallakurichi and pass orders.
For the Petitioner :Mr.T.Padmanabhan For the Respondents :Mr.M.Habeeb Rahman Government Advocate for respondents 1 to 5 Mr.R.Muniyapparaj Additional Public Prosecutor for sixth respondent 2/6
ORDER
(Made by the Hon'ble Acting Chief Justice) The writ petition is filed for a direction to the respondents 1 to 6, to consider the petitioner's representation dated 01.12.2023 and to survey and earmark the land comprised in Survey No.135 of Varathappanoor Village, Pukkiravari, Kallakurichi, and to evict the illegal occupiers, based on third respondent's letter of communication dated 24.08.2023, thereby protecting the water canal comprised in Survey No.135 of Varathappanoor Village, Kallakurichi.
2. The learned Government Advocate, appearing for respondents 1 to 5, has placed a communication in Na.Ka.No.A2/3617/2024 dated 16.08.2024, addressed by the Revenue Divisional Officer to the Government Pleader, wherein it stated that, on enquiry, it was found that there was no disturbance to the petitioner to have access and further, there was no encroachment in the property in question. 3/6
3. The said communication is taken on record. Recording the statement made in the communication dated 16.08.2024, the writ petition stands dismissed. There shall be no order as to costs. (D.K.K., ACJ.) (P.B.B., J.) 22.08.2024 Index : Yes/No mrn To 1.The District Collector, Office of District Collector, Kallakuruchi.
2.The Deputy Collector, Office of District Collector, Kallakuruchi.
3.The Block Development Officer, Kallakuruchi Union, Kallakuruchi.
4.The Thasildhar, Office of Thasildhar, Kallakuruchi.
5.The Assistant Engineer, Public Works Department (Water Body), Department of Water Sources, Vellaru Channel Sub Division, Kallakuruchi- 606213.
4/6
6.The Inspector of Police, Chinna Salem Police Station, Chinna Salem, Kallakuruchi District.
5/6
THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.
(mrn) 22.08.2024 6/6