T.Uma Nandhihi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU T.Uma Nandhini .. Petitioner Vs 1.The District Collector, Collectorate, Tiruvarur District, Tiruvarur.

2.The District Revenue Officer, Collectorate, Tiruvarur.

3.The Tahsildar, Tiruvarur Taluk, Tiruvarur.

4.The Commissioner, Tiruvarur Municipality, Tiruvarur.

5.Vaarai S.Prakash 6.S.Murthy .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the sixth respondent in vaikal poramboke comprised in Survey No.238 situate at Vanmigapuram, Block No.6 Ward No.3, Vijayapuram, Tiruvarur Town and Taluk and restore the canal as per the revenue records and also restore the compound wall with iron fencing in Survey No.237/1B, Block No.6 Ward No.3, Vijayapuram, Tiruvarur Town and Taluk based on the petitioner's representation dated 18.8.2022. For the Petitioner : Mr.C.Prabakaran For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader for respondents 1 to 3 : Mr.S.J.Mohamed Sathik for respondent No.4 : Mr.C.Harish for respondents 5 and 6

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.C.Prabakaran, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 3; Mr.S.J.Mohamed Sathik, learned counsel for respondent No.4; and, Mr.C.Harish, learned counsel for respondents 5 and 6.

2. Learned State Government Pleader, on instructions, submits that further enquiry is scheduled on 31.10.2023.

3. The petitioner may attend the said enquiry and make submissions. Thereafter, a decision be taken by the respondent authorities. The parties may take further steps pursuant to the decision that may be taken by the respondent authorities. In that event, all contentions are kept open.

4. With these observations, the writ petition stands disposed

of.

There will be no order as to costs. Consequently, W.M.P.No.23113 of 2022 is closed.

(S.V.G., CJ.) (P.D.A., J.) 29.09.2023 Index :

Yes/No Yes/No bbr To:

1.The District Collector, Collectorate, Tiruvarur District, Tiruvarur.

2.The District Revenue Officer, Collectorate, Tiruvarur.

3.The Tahsildar, Tiruvarur Taluk, Tiruvarur.

4.The Commissioner, Tiruvarur Municipality, Tiruvarur.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 29.09.2023