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Madras High CourtWP/22059/2024disposed of

Srinivasan M, v. The District Collector,

2024-08-01Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIG H COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.22059 of 2024 Srinivasan M .. Petitioner

Versus

1. The District Collector, Krishnagiri District.

2. The Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.

3. The District Revenue Officer, Krishanagiri District.

4. The Tahsildar, Denkanikottai Taluk, Krishnagiri District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to restore the petitioners land at Survey number in 433 and 434 measuring an extent of 0.54.50 Ares and 0.37.00 Acres respectively situated at Bevunutham Village, Nanjundapuram Post, Dekanikottai Taluk, Krishangiri District from the diversion of the water flow from Vaari Poromboke based on the representation of the petitioner dated 30.04.2024 within a stipulated time.

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For Petitioner : Ms.Poornima For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the respondents to restore the petitioners land at Survey number in 433 and 434 measuring an extent of 0.54.50 Ares and 0.37.00 Acres respectively situated at Bevunutham Village, Nanjundapuram Post, Dekanikottai Taluk, Krishangiri District from the diversion of the water flow from Vaari Poromboke based on the representation of the petitioner dated 30.04.2024 within a stipulated time.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that he purchased the subject property by virtue of registered sale deed 10.07.1989. The further case of the petitioner is that the adjacent property of the petitioner has been classified as 'Vaari 2/5

poromboke' land and the same has been encroached by the third parties due to which the flow of water gets diverted in the petitioner's patta land. In this regard, the petitioner has given various representations to the authorities, but the same has not been considered by them. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, the respondents are directed to consider the representation of the petitioner dated 30.04.2024 and conduct enquiry on the same, after giving opportunity to the petitioner and the so called persons who have encroached on the water course and pass an Order on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 01.08.2024 vrc Index :Yes/No Internet :Yes/No To, 3/5

1. The District Collector, Krishnagiri District.

2. The Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.

3. The District Revenue Officer, Krishanagiri District.

4. The Tahsildar, Denkanikottai Taluk, Krishnagiri District.

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N. SATHISH KUMAR, J.

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