N.Subramani v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP Nos.17139 and 17142 of 2020 N.Subramani ..

Petitioner -vs1. The District Collector Collectorate Building, Sathuvachari, Vellore - 632 009.

2. The Tahsildar, Vellore Taluk, Taluk Office, Velapadi, Vellore - 632 001.

3. The Block Development Officer, Kanniyambai Village, Vellore Taluk & District.

4. Samynathan

5. Sekar

6. Thavamani 7 .Ramesh Babu .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to

remove the encroachment and illegal constructions across the Lake Canal and Canal bund in Kil-Arasampet Village Lake Canal in Survey No.70 Kil-Arasampet Village, Vellore Taluk, Village District. For the Petitioner :

Ms.V.V.Uthra for Mr.K.J.Parthasarathy For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for R 1 and 2 :

Mr.S.Kamalesh Kannan for R-3 :

No appearance for RR 4 to 7 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.V.V.Uthra, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.1 and 2 and Mr.S.Kamalesh Kannan, learned counsel for respondent No.3.

2. Encroachment and illegal construction is alleged across the lake canal and canal bund in Kil-Arasampet Village.

3. The learned State Government Pleader, on the instructions of the Tahsildar, submits that the land in S.No.70 is encroached by respondents 4 to 7 and also by the petitioner and his brother.

4. In case encroachment exists, then the authorities are required to take steps in accordance with law for removal of encroachment. The authorities may proceed ahead for removal of encroachment as may be permissible under law expeditiously. The writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed. (S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The District Collector Collectorate Building, Sathuvachari, Vellore - 632 009.

2. The Tahsildar, Vellore Taluk, Taluk Office, Velapadi, Vellore - 632 001.

3. The Block Development Officer, Kanniyambai Village, Vellore Taluk & District.

22.11.2023