V.Munirathnam, v. District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.11.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.29568 of 2010 and M.P.No.1 of 2010 1.V.Munirathnam 2.K.Munuswamy 3.C.Nagarajan 4.R.Prakash 5.R.Bhaskaran .. Petitioners -vs1.District Collector, Tiruvallur District, 2.District Revenue Officer, Thiruvellore District, 3.Manikandan 4.Ganapathi 5.Kesava Naidu (deceased) 6.Kishtappa Achari (deceased) 7.Manicka Mudali 8.Guruswamy 9.Kamalakannan 10.Mangammal 11.Sampath 12Perumal 13.Lakshmipathi 14.Amavasai 15.Das 16.Annammal (deceased) 17.Subbammal 18.Chellappan 19.Babu 20.Chokkammal
21.Chithirai (deceased) 22.Kannan (deceased) 23.Kannammal 24.Amirdhammal 25.Rajendiran 26.Ramesh 27.Munirathnam 28.Manjula 29.Uthandan 30.Etti Veerakannan 31.Gnanasamy 32.Muthurajan 33.R.Kuppan 34.Balaraman 35.Shankar 36.Manonmani 37.E.Devaki 38.Tulukkanam 39.Mohan 40.Alagumalai 41.Vedagiri 42.Subramani 43.Anandaraj 44.The Executive Engineer (PWD), Water Resources Organisation, Araniyar Sub Division, Tiruvallur District.
Respondents (Respondent Nos.3 to 43 impleaded as per order in M.P.No.1 of 2011 in WP.No.29568/2010 dt. 21.1.2011) (Respondent No.44 impleaded as per the order of this Court date 14.11.2016 in WP.No.29568/2010) Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing respondents to take immediate measures to survey the area where the lake is situate in Survey Nos.
539/2, 528 and 530/2 of Venbakkam village, near Ponneri, Ponneri Taluk, Tiruvellore District, peruse the concerned revenue records in respect of said Venbakkam Tank, make a clear report making ou the factual position of the lake area, work out measures so as to evict all the illegal encroachers over the Tank Bodies of the said Lake through the concerned authorities of the Public Works Department, local body and any other Departments and immediately take steps to evict the encroachers from the area where the Venbakkam Lake is situated and also prevent the encroachers from committing any kind of illegalities from the villagers using the tank water for agricultural and drinking purposes.
For Petitioners :
Mr.Chellpandian For Respondents :
Mr.T.N.Rajagopalan Spl. G.P. for R1, R2 & R44 Ms.G.Uma for R10, 11, 14, 19, 25, 28, 29 & 35
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The learned Special Government Pleader states that the allegation of the petitioners is of encroachments on Kulam, Erikarai and Venbakkam Eri situated in S.Nos.539/2, 528 and 530/2 of Venbakkam village, Ponneri Taluk, and 72 encroachments have been found. It is stated that necessary action in accordance with law will be taken for removal of the encroachments by the Executive Engineer (PWD), Water Resource Organisation, Arayaniyar Sub Division, Tiruvallur District. The said entity is impleaded as respondent No.44. Memo of parties be amended accordingly. Mr.T.N.Rajagopalan, learned Special Government Pleader accepts notice for respondent No.44.
2. On our query as to how much time they will take to complete the action, the learned Special Government Pleader states that four months' time may be granted to complete the process.
3. We take the aforesaid statement on record.
4. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2010 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.District Collector, Tiruvallur District, 2.District Revenue Officer, Thiruvellore District,
3.The Executive Engineer (PWD), Water Resource Organisation, Araniyar Sub Division, Tiruvallur District.
+1cc to the Government Pleader, S.R.No.65500 md(29/11/2016) W.P.No.29568 of 2010