G.Raman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.Raman ... Petitioner -vs1. The District Collector, Vellore District.

2. The Assistant Engineer, Public Works Department (Irrigation), Gudiyatham.

3. The Tahsildar, Gudiyatham.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to take action for the removal of the encroachments made in S.Nos.83 and 75/1 around the Perumbadi lake channel, Gudiyatham Taluk, Vellore District.

For the Petitioner :

Mr.V.M.G.Ramakannan For the Respondents :

Mrs.R.Anitha, Special Government Pleader, * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.M.G.Ramakannan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for the respondents.

2. The third respondent, Tahsildar, has issued written instructions. The same read thus:

"3. I further state that the said S.No.83 extent - 0.25.0 Hectare mentioned as Govt channel and S.No.75/1 extent -25.35.5 Hectare mentioned as Goundanya Maganathi, Government Poramboke as per 'A' Register Revenue records in Agravaram Village, Gudiyatham Taluk, Vellore District. The above channel and River is under the control of the 2nd respondent, Public Works Department (Irrigation), Gudiyatham Taluk, Vellore Dist.

4. I further state that, as per the Hon'ble Chennai High Court order of W.P.No.11549/2017, the encroachers were removed along with jointly the 2nd respondent on 14.03.2018 in Govt. S.No.83 as channel poramboke, Agravaram village, and the Govt. S.No.75/1 is the Goundanya River. It starts from the Dam in Mordana village, that the dam water reaching around some village's lakes, pond, puddle, etc., and passing through the Gudiyatham Town and finally joined it into the vellore

polar river. In the event, during the flood time, the task of dismantling and protecting the more number of people's who are encroached house's in the Goundanya River is being carried out. Therefore, the Revenue Department and 2nd respondent are jointly working with the task force to permanently remove the encroacher's situated in Goundanya River.

5. I further state that, it was made in the last two years, about more than 1000 encroachers were removed in the Goundanya River of Gudiyatham Town over the past two years. Subsequently at present, land survey and collecting the encroachers details of work is being done to remove the encroachments on Govt. S.No.75/1 (Goundanya River) in Agravaram Village. On the work of field investigation fact that most of the encroachers who have not owned place or owned house.

6. I further state that, therefore, I humbly inform that who have not owned place or owned house of the encroachers were issued patta at an alternative location by Revenue Department and the work of removing the encroachments on S.No.75/1 will be done soon." In view of the fact that steps are being undertaken, no further orders are necessary. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 19.09.2023 Index : Yes/No : Yes/No sra

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

(sra) To

1. The District Collector, Vellore District.

2. The Assistant Engineer, Public Works Department (Irrigation), Gudiyatham.

3. The Tahsildar, Gudiyatham.

19.09.2023