Madras High CourtWP/23919/2023disposed of

P.Palaniammal @ Padmavathi v. The District Collector

2023-08-16Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Palaniammal @ Padmavathi ..

Petitioner Vs.

1. The District Collector Office of the District Collector Salem District.

2. The District Revenue Officer Office of the District Revenue Officer Salem.

3. The Superintending Engineer Cauvery Upper Delta Circle, Salem.

4. The Revenue Divisional Officer Office of the Revenue Divisional Officer

5. The Executive Engineer Sarabanga Delta Division District Collector's Office Complex Namakkal.

6. Assistant Executive Engineer Sarabanga Delta Sub Division

7. The Tahsildar Attur Taluk, Salem District.

8. Perumal Naicker

9. Rajamani 10.Karunanidhi 11.Parameswaran 12.Mani 13.Karunanidhi ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 7 to take appropriate action to remove the encroachment caused by the respondents 8 to 13 and others over the River Channel comprised in Survey Nos.54/3, 57/1, 2, 5, 58/1, 5, 14 and 59 at Narasingapuram Village, Attur Taluk, Salem District within an appropriate time by considering the petitioner's representation dated 14.03.2023. For the Petitioner : Mr.S.Sathish For the Respondents : Mr.K.M.D.Muhilan Additional Government Pleader for Respondents 1 to 7

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Sathish, learned counsel for the petitioner and Mr.K.M.D.Muhilan, learned Additional Government Pleader for the

respondents 1 to 7.

2. Learned counsel for the petitioner submits that encroachments exist on the waterbody comprised in Survey Nos.54/3, 57/1, 2, 5, 58/1, 5, 14 and 59 at Narasingapuram Village.

3. Learned Additional Government Pleader submits that earlier, in 2018, survey was carried out and the encroachments were removed. If encroachments are there, fresh survey would be carried out and action as per the survey would be undertaken.

4. In view of the above statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 16.08.2023 Index :

Yes/No :

Yes/No kpl