K.M.Mohan, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.26589 of 2012 K.M.Mohan .. Petitioner vs.
1. The District Collector Vellore District
2. The Superintendent of Police Vellore District, Vellore.
3. The Executive Engineer Public Works Department (WRO), Gandhi Nagar Vellore - 632 006.
4. The Tahsildar
5. The Commissioner Vellore Corporation
6. Muralidharan Assistant Executive Engineer PWD-DRO, Gudiyatham Vellore - 632 602.
7. A.Krishnan Assistant Executive Engineer PWD-DRO, Gudiyatham Vellore - 632 602.
8. Janakiammal Commissioner Vellore Corporation
9. Kannan Town Planning Officer Vellore Corporation 10.Venkatesan Ward Office No.1 Vellore Corporation 11.Eswaran Sanitary Inspector, Zone-I Vellore Corporation 12.Radhakrishnan Deputy Superintendent of Police 13.Sivalingam Inspector of Police Katpadi Taluk, Vellore District.
.. Respondents (Respondents 6 to 13 impleaded vide order dated 25.8.2014 made in M.P.No.1 of 2014) PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to restore the possession of the petitioner in respect of the land in S.No.619/1, Tharapadavedu Village, Kadpadi, Vellore District to an extent of 11⁄2 cents from where he was illegally evicted and to restore all the house hold articles damaged and removed from the petitioner's house premises as stated in the representation made by the petitioner on 7.6.2012 within the time frame to be fixed by this Court and consequently forbearing the respondents from evicting the petitioner from the land in S.No.619/1, Tharapadavedu Village, Katpadi, Vellore District to an extent of 11⁄2 cents except by due process of law. For Petitioner : Mr.G.Sankaran For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for respondents 1 to 4, 12 and 13 Mr.Silambanan, Sr.Counsel for M/s.P.Shanthi for respondents 5 to 11
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner was in occupation of Eri Channel leading from Dharapadavedu to irrigation field and has since been evicted.
2. In view of the Full Bench judgment of this Court in T.K.Shanmugam v. The State of Tamil Nadu, 2015 WLR 1029, there can be no question of restoration of the petitioner to water channel as even the prescribed user cannot be changed.
3. The learned counsel for the petitioner faced with this position submits that the petitioner alone should not be singled out and all such people who are similarly situated on the Eri Channel should be dealt with in a similar manner.
4. In view of the aforesaid, we direct the fourth respondent/ Tahsildar to carry out an inspection and submit the report to the third respondent/Public Works Department within a period of one month of the receipt of the order. Dependant on the report of the fourth respondent/Tahsildar, if encroachments are found in the Eri Channel, the third respondent/Public Works Department will proceed in accordance with law, after notice to all concerned, and conclude the proceedings within a maximum period of three months from the submission of the report by the fourth respondent/Tahsildar.
The petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2012 is closed.
Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar To:
1. The District Collector Vellore District
2. The Superintendent of Police Vellore District, Vellore.
3. The Executive Engineer Public Works Department (WRO), Gandhi Nagar Vellore - 632 006.
4. The Tahsildar 5.The Commissioner, Vellore Corporation, Vellore.
+1 cc to Mr.G.Sankaran,advocate,sr.66384 +1 cc to Government Pleader,sr.66725.
vd(co) krd 29/11 W.P.No.26589 of 2012