Madras High CourtWP/24911/2023disposed of

J.Ayappan v. The District Collector

2023-08-24Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU J.Ayappan ..

Petitioner Vs.

1. The District Collector Villupuram District Collectorate Villupuram.

2. The Revenue Divisional Officer Villupuram District Collectorate Villupuram.

3. The Tahsildar Villupuram District Collectorate Villupuram.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondent to remove the encroachments made on the Vaaikkal which is situated in S.No.157 in Valavanur (Village no.171) Revenue Village under Valavanur Municipality, Villupuram Taluk, Villupuram District, based on my representation dated 19.072023.

For the Petitioner : Mr.K.Sathyaraj For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mr.K.M.D.Muhilan Additional Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.Sathyaraj, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for the respondents.

2. Learned counsel for the petitioner submits that there is some encroachment in S.No.157 in Valavanur, classified as Vaaikkal and some of the persons have occupied the said Vaaikkal.

3. The persons who have allegedly occupied the Vaaikkal are not parties to the present writ petition.

4. Learned State Government Pleader submits that photographs filed do not show any encroachment. The small berth and superstructure is for the benefit of the villagers to cross over the stream. No encroachment is made.

5. In the light of that, the writ petition stands disposed of. The parties shall ensure free flow of water. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 24.08.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Villupuram District Collectorate, Villupuram.

2. The Revenue Divisional Officer Villupuram District Collectorate, Villupuram.

3. The Tahsildar Villupuram District Collectorate, Villupuram.

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

(kpl) 24.08.2023